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Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

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OLF Ortiz Law Firm National Disability Attorneys

We appeal wrongful long term disability insurance and Social Security Disability denials.

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You are here: Home / Social Security Disability Frequently Asked Questions / Is There a Statute of Limitations for Social Security Disability Claims?

Is There a Statute of Limitations for Social Security Disability Claims?

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:

Initial Application

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 850-898-9904 for a Free Case Evaluation.

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Tim Anderson

My only regret is that this review is about seven years overdue. I rarely write reviews and did the firm a disservice by not submitting any reviews of the great service I received from the Ortiz Law Firm back in 2013. If I recall correctly, he was the only attorney with the firm then. He and his staff were very deserving of a positive review. Today I was reminded of the EXCELLENT service received from Nick Ortiz while looking for an attorney for my VA disability claim, and decided to write the belated review that I should have at the time.

Nick succeeded in getting my Social Security Disability claim approved the first time through. I wasn't getting very far in the initial filing of my claim for SSDI benefits, just spinning my wheels trying to navigate SSA's requirements and gathering the necessary records. My physical and mental health had me really stressed out, and I was overwhelmed with just getting by day-to-day. I met with Nick O for a free consultation. He impressed me with his ability to listen and understand my issues and with his track record dealing with the SSA. He had a very pleasant personality, and was easy to talk to. He accepted my case, and handled everything involving my claim.

About four to five months later, my claim was approved! No need to file an appeal or anything else. I was/am extremely pleased with the outcome. His fee was some of the best money I ever spent. He earned every penny of it and then some!

I would definitely recommend Nick Ortiz for any of his practice areas and have done so numerous times to friends and others dealing with the SSA.

https://youtu.be/3_sfwSkG0pI

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