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You will receive notice from the insurance company if they have denied your claim. The Board will set a pre-hearing conference at which you are responsible to provide medical evidence showing enough support for your alleged work related injury to move forward with litigating the issues. The Judge will set a date for further hearings to take your testimony, any employer witness testimony, and medical testimony.

In order to continue to receive disability benefits while you are out of work or receiving reduced pay, you must have medical evidence of your disability and/or restrictions every 90 days. This medical evidence should include both your percent of impairment as well as your physical limitations.

File an appeal right away. You have 60 days from the date of the denial on your notice to request reconsideration. If you are denied on reconsideration, you have 60 days to request a hearing before an Administrative Law Judge.

For SSD benefits, the benefits cannot begin until five months have passed after the person becomes disabled. In addition, benefits cannot be paid more than one year prior to the date of the claim. For a disabled adult child, there is no five-month waiting period for benefits to begin, but benefits cannot be paid more than six months prior to the date the application for benefits was filed. SSI benefits cannot be paid prior to the start of the month following the date of the claim/application.

An application for Social Security Disability benefits can be made by filling out the online form or by calling your local Social Security office and setting up a phone appointment. The application is lengthy and will take some time to complete, and we recommend talking to an attorney before you do so. You should have the following information ready: information regarding your current and any prior spouses (name, DOB, SSN, dates of marriage and end of marriage), names and ages of all children, name, phone, and address for all treating medical providers, all prescription medication information, information concerning any medical testing and hospitalizations, and names and addresses of prior employers, dates worked there, general work duties. This and other information will need to be provided. Contact us to determine if we can assist you in applying for Social Security benefits.