At the Law Office of J.J. Talbott, we encourage our clients to file for social security disability benefits if there is a possibility that the employee would qualify for SSD. Unfortunately, most people are denied social security disability benefits on the first time they apply and it takes approximately eighteen (18) months to two years to get to a formal hearing with the Social Security Administration after you request a hearing.
While many attorneys might encourage you to wait to file social security disability benefits – it is our belief that applying for social security disability benefits sooner may be better for the employee and may limit the time for which the employee waits for some income after they reach maximum medical improvement.
Specifically, if the employee waits to apply for social security disability benefits after reaching maximum medical improvement, and the insurance carrier does not accept the employee as permanently totally disabled then the claimant may have to wait 18 – 24 months without any income. This is a tremendous hardship which many employees cannot handle. Therefore, applying earlier helps the employee receive the monetary SSD benefits quicker.