Wednesday, May 22, 2024

How Long Does A Disability Claim Take

Don't Miss

Child Care Tax Credit Is Bigger This Year: How To Claim Up To $16000

How Long Do Veterans Disability Claims Take?

Taxpayers can claim more child care expenses this tax season. They can also get more of that money back.

Katie Teague

Associate Writer

Katie is an Associate Writer at CNET, covering all things how-to. When she’s not writing, she enjoys playing in golf scrambles, practicing yoga and spending time on the lake.

Changes to the credit could give families almost four times as much money back.

The expanded child tax credit for 2021 gets a lot of attention, but there’s another big tax change for families this tax season: The child and dependent care tax credit has been increased dramatically. Taxpayers can now claim up to $8,000 in expenses for one child — or up to $16,000 for two or more dependents. The American Rescue Act also increased the rate of return on the child care credit, effectively quadrupling the benefit some families could receive.

The child and dependent care credit lets taxpayers directly reduce their tax burden by the amount spent on child or dependent care, including day care, babysitters and related transportation. The catch? You’ll need all your receipts and other monetary proof to make sure you can claim the tax break when you file your income tax return.

The Veteran Is A Former Prisoner Of War

Veterans who were prisoners of war are eligible to have their VA claims expedited. Veterans must provide a copy of their military personnel records, including their DD Form 214 , and other important information, such as their service number, branch and dates of service, or any other information relevant to their detainment.

Ways To Increase Your Chance Of Approval

There are a few ways to help increase your chances of approval whether that be during the application process or the appeal process.

  • Make sure your doctor is aware and supportive of your disability application
  • Collect evidence along with a doctors note
  • Make sure your records are up to date
  • Fill out an RFC form
  • Never give up!

If you need help, please feel free to contact our office, or review other great articles about long-term disability in our blog.

Also Check: Va Disability Secrets

What You Can Do To Make Your Application Review Process Go Faster

If you want your application to be decided as quickly as possible, you should retain an experienced VA disability lawyer in Roswell to help you collect the evidence you need to support your disability claim and to file your application, so it is done properly. He can also follow up with the VA to be certain that they are reviewing the claim and can provide them with any additional information they need to approve your claim. To learn how we can help, call our office to schedule a free consultation today.

Related Links:

Some Factors That Affect The Waiting Period For You Your Ltd Benefits:

How Long Does It Take to Get Social Security Disability ...
  • The nature of your injury or illness
  • The willingness to cooperate and the availability of your physicians
  • Correspondence between your insurer and their legal counsel
  • If your case goes directly to mediation or if discovery is required
  • If your forms are completed thoroughly and accurately
  • If you can follow the deadlines defined by your insurance company
  • Your willingness to comply with requests for further information

Don’t Miss: Va Combined Ratings Table Calculator

Respond Promptly And Accurately To Requests For Information

If your application is missing any key information, your claim could be delayed or denied.

If your application is missing any key information, your claim could be delayed or denied.

It can also be delayed if you do not comply with the insurance companys deadlines or requests for any additional information. Any delays on your part mean that the insurance company could reasonably take a longer time to make a decision. They may also be entitled to make additional extensions of time as the law allows.

This is why its important that you stay on top of all requests for information. If you are falling behind, you should seriously consider talking to a long-term disability lawyer to make sure you are not putting your claim at risk.

Do Approvals Take Longer Than Denials

Our survey results didn’t show a significant difference in the amount of time it took to get an initial approval or denial after filing a disability application. But there did appear to be a difference in how long it took to get an approval or denial after a hearing. Those who were approved for benefits after a hearing waited an average of about seven weeks for the decision, while those who were denied waited almost ten weeks, on average. This makes sense, because written decisions for denials of benefits need to be more detailed as a result, they can take longer to write.

You May Like: Calculate Va Rating

Not Giving Up On Your Claim

The important thing to remember is that you should stick with the disability process. Most people get denied not once, but at least twice. So, even if it means a long wait for an administrative law judge hearing, keep pushing forward with your case. Because eventually, the odds of winning disability benefits will be in your favor.

Can My Disability Rating Increase

After I file for disability, how long does it take the Social Security office to make a decision?

If you receive a disability rating from the VA, it is not set in stone, and certain factors can cause your rating to go up or down. The VA may decrease your rating by default if they assume that your condition has improved over time.

To prevent the VA from reducing your rating, stick with your treatment plan, take any prescribed medication, and go to routine checkups with your doctor. The VA will want to see that you are still receiving treatment in order to maintain your rating. If you stop going to your appointments, the VA has reason to believe you no longer need them.

You can also take steps to increase your disability rating by filing an appeal or by requesting a reevaluation from the VA. The VA may increase your disability rating if you suffer from a condition with symptoms that tend to worsen over time. Degenerative diseases like Parkinsons disease and certain types of cancer often progress as time passes, meaning that you may be receiving fewer benefits than you deserve as your symptoms worsen. If you have had the same disability rating for years, but your condition has gotten worse, seek a reevaluation from the VA.

Also Check: Military Pay Retirement Calculator 2016

What Should You Not Tell A Disability Doctor

The last thing you want to do during a Disability medical exam is exaggerate your condition. Dont say you have pain everywhere or try and make your condition look worse than it really is. The doctor and staff will observe you arriving at the office, entering the exam room, and getting on and off the table.

How Long Does It Take To Get An Ssi Decision

The length of time it taking to receive an initial decision on a disability application varies by state, the complexity of the claim and the number of people applying for benefits. In Colorado, the average time it takes to process an initial application for disability averages about 73 days in Colorado, and appeals can add extra months to the process. Supplemental Security Income is a disability benefit based on financial need to cover basic necessities such as food, clothing, and shelter. You must have a medical disability and very limited income and financial assets to be eligible for SSI. Many disabled people who have qualifying medical conditions are denied benefits initially and have to go through the appeals process, which extends the length of time it takes to get a decision.

Recommended Reading: California Sdi Rate 2018

Disability Appeals Process How Long Does A Social Security Appeal Take

If your initial claim results in a denial, you are not alone. In fact, the SSA denies nearly two-thirds of initial applications. You have 60 days from the date on your Notice of Denial letter to file a written request for reconsideration. You should continue to appeal a denial of your claim through four more stages:

Reconsideration Your file is re-reviewed and any additional medical evidence is submitted.

Hearing The hearing would be held at Office of Disability Adjudication and Review office for your area. North Carolina offices are located in Charlotte, Fayetteville, Greensboro and Raleigh. The most recent statistics indicate that 48% of North Carolina cases are approved at the hearing stage. The average wait time for a hearing is 22.1 months in North Carolina. An administrative law judge will decide your case.

Appeals Council Your case may be reviewed by the Appeals Council in Falls Church, Virginia. The average processing time is 386 days.

U.S. District Court You can file a lawsuit in your nearest U.S. District Court.

What You Can Do To Make The Approval Process Faster

How long does a social security disability claim take?

Make sure your initial long-term disability application is filled out completely and all questions answered to the best of your knowledge. Include all of your medical records that have to do with your injury or illness that you are claiming for long-term disability. Adhere to the insurance companies deadlines. Send them any other medical records or reports they may request after you have sent in your initial application.

Read Also: Is May Thurner Syndrome A Disability

The Steps Involved In Making A Claim

  • Get hold of a claim form
  • Complete the form and send it in
  • The assessment stage
  • Receiving the decision on your claim

All being well, the decision is right and you have the award you should have. That does not always happen. Just on the off chance that you are not happy with the decision, you need to know that the following steps could be involved.

  • Ask that your claim is looked again a Mandatory Reconsideration
  • Appeal to an independent tribunal if you are still unhappy
  • Challenge the tribunals decision if you believe that they got it wrong

When Your Benefits Start

Generally, if your application for Social Security Disability Insurance is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

Example: Your disability began on June 15, 2020 and you applied on July 1, 2020. Your first benefit would be paid for the month of December 2020, the sixth full month of disability.

However, there is no waiting period if your disability results from amyotrophic lateral sclerosis and you are approved for SSDI benefits on or after July 23, 2020.

Example: We found that your disability began on November 3, 2020 and you applied on January 11, 2021. We would pay your first benefit for the month of December 2020, the first full month of disability.

We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.

Don’t Miss: 90 Va Disability Pay

Reasons You Would Appeal

Sometimes, an internal appeal is the easiest and cleanest way to settle a long-term disability claim. There are some circumstances where an appeal makes sense, mostly when you know the insurer is missing substantial information about your case.

An appeal could be successful, for example, when an insurance company has made contact only with your family doctor and has not heard the beliefs and opinions of the specialist you have seen regarding your disability. Another example would be if your disability has undergone further testing or imaging, and a defined diagnosis has been produced as a result.

Even with additional medical information, appeals are most often not successful. Unless you can provide unwavering and substantial new evidence, its unlikely an insurance company will be willing to change their decision. If your appeal is unsuccessful, it can end up being a large waste of your time and resources.

If you would like to appeal your disability insurers decision, our long-term disability lawyers can help you prepare a persuasive appeal letter with all the supporting medical information we can get. Our team can help increase the chances of your appeal being approved the first time.

Who Qualifies For Social Security Disability Or Ssi Benefits

How Long Will My VA Disability Claim Take?

If youre still earning more than $1180 a month, the Social Security Administration will not consider you disabled.

To be considered disabled, you must:

  • Have a medical condition with a terminal diagnosis or will last at least one year, preventing you from working short-term or partial disabilities do not qualify. There is a list of adult impairments that fall under Social Security, and you check and see if your condition qualifies.
  • Fall under the Social Security Administrations definition of disability.
  • Be younger than the age at which you qualify for retirement benefits from the Social Security Administration.

Don’t Miss: Can A Veteran Work With 100 Disability Rating

How Long Does It Take To Get Disability Benefits

A major, life-changing injury or illness diagnosis during your prime working years can seriously disrupt your life. As a result, you may not be able to work in the same capacity as you did before. Your income likely suffered or even stopped. It can change your quality of life, and your relationships. Often, one persons injury or illness can affect their entire family. This is either because it disrupts a main source of income or requires a new way of life that is difficult and unfamiliar. If you find yourself in this situation, one of the first questions you might ask is, How long will it take me to receive disability benefits? And, like so many other legal issues, the answer can be it depends on your unique circumstances.

However, some general guidelines and timelines can help you understand how long it usually takes for disability benefits to start after claim approval.

Contributing Factors When It Comes To How Long It Takes To Get Disability

What factors impact how long it takes to get a Social Security Disability approval? The first thing that will impact how quickly you get a response to your application for Social Security Disability is whether your initial disability claim is approved or denied.

Initial claims usually take 30 to 90 days to process. If you are one of the lucky people who gets approval on their initial claim, it will take you 90 days or less for Social Security Disability approval. If, however, your claim is not approved then at this point you will have to go through the disability appeal process, and that means it will take longer to get your Social Security Disability benefits.

Another factor that will impact how quickly your Social Security Disability application is approved or denied is what medical records are needed to process your claim, and how long it takes your doctors to send in the records that have been requested. If the doctors are taking too long to get your records in, you may be able to speed the process up by getting copies of the records yourself and sending them in with your application.

The state in which you live also plays a part in how long it takes for your Social Security Disability application process to be completed. Some states have more of a backlog than others. For example, someone who lives in the State of Illinois will wait much longer than someone living in the State of Utah.

Recommended Reading: Can You Work If You Receive 100 Va Disability

The Appeal Process For Challenging A Claim Denial

If your original claim is denied, you will need to challenge the denial. This will only lengthen the period of time before you are paid. Again, this will be based on the type of long-term disability plan you have.

If you have an ERISA disability plan, in order to challenge a claim denial, you must file an appeal. You only have 180 days to file your appeal. Once you file your appeal, the disability insurance company has 45 days to make a decision. They can then give themselves an additional 45 days if they need more time.

If you have an IDI policy, you usually do not have an appeal requirement like an ERISA disability plan. This means you can appeal or take the matter directly to court if you desire.

Read more: 3 Common Reasons Why Long-Term Disability Claims are Denied

How Long Will My Va Disability Status Stay Active

How Long does it take for a VA Claim Process

If you have been approved to receive disability benefits from the VA, your compensation will keep coming each month as long as your disability status remains unchanged. In some cases, the VA will re-evaluate your disability status after a certain period of time. This re-evaluation can result in a change in your disability rating or discontinuation of benefits.

Sometimes, the VA assumes that a Veterans condition has improved over time. If the VA thinks you have made a full recovery in the time since you first applied to receive disability benefits, they may send you a letter requesting a reevaluation. You might even wrongfully lose your VA disability benefits if you fail to show up for the scheduled reexamination..

There are many Veterans that have had their disability ratings lowered or their benefits cut off by failing to demonstrate that their condition did not improve. This is because the VA assumed that a Veterans condition had improved over time. Meanwhile, many Veterans continue to suffer from severe disabilities without receiving the compensation that they deserve.

Recommended Reading: How To Qualify For Disability In Tx

More articles

Popular Articles