Is there a Statute of Limitations for Social Security Disability claims?
This is a difficult question to answer, because there are multiple stages of the review process:
Social Security Disability Insurance (SSDI) Benefits: In order to qualify for SSDI benefits, you must prove your disability began while you were still insured for disability (or while you still had enough work credits to qualify for disability insurance benefits). You can apply for SSDI benefits after your insured status expires, but you must prove that your disability began while you still had insured status.
In addition, although there is no time limit to actually file an SSDI claim, Social Security will not pay “back pay” or retroactive benefits for any period more than 12 months prior to the date of the SSDI application.
Supplemental Security Income (SSI) Benefits: There is no time limit to file for SSI benefits either. So long as you have a severe disability that keeps you from working and you meet the other non-medical requirements, you may qualify for SSI. However, you cannot receive SSI benefits for any month prior to the date of the SSI application.
The Request for Reconsideration
If your SSDI and/or SSI application is denied, you must request a reconsideration of the denial within 60 days after receiving the Notice of Determination on the initial claim.
The Request for Hearing
If your Request for Reconsideration is denied, you must request a hearing before an Administrative Law Judge within 60 days after receiving the Notice of Reconsideration on the appeal.
The Request For Review of Hearing Decision with the Appeals Council
If the Administrative Law Judge issues an Unfavorable Decision and denies your claim, you must file a request for review of the hearing decision with the Appeals Council within 60 days after receiving the Judge’s denial (or partially favorable determination).
A Civil Lawsuit in Federal Court
If you disagree with the Appeals Council’s decision, or if the Appeals Council decides not to review your case, you can file a civil suit in a federal district court. You must file a civil action in your area U.S. District Court within 60 days after you receive notice of the Council’s action in the case.
If you want assistance from a Board Certified Social Security Disability Attorney in your appeal, call Mr. Ortiz at 850-308-7833 for a Free Case Evaluation.