For all intents and purposes, say that you were made the unfortunate victim of a serious personal injury accident. You may have walked away from the accident scene feeling unharmed, and the medical professional you visited may not have given you any cause for concern. But several months later, you may experience unexpected physical pains. Upon further medical testing, you may be diagnosed with a physical disability, which is anticipated to last long-term or even permanently. Well, at this point, you may assume that you missed your window of opportunity to apply for Social Security Disability Insurance (SSDI) benefits. However, you must not give up hope so easily. That said, please continue reading to learn how to apply for SSDI benefits after experiencing delayed symptoms and how an experienced New Jersey SSDI attorney at The Law Offices of Sheryl Gandel Mazur can help you receive the full financial aid you are entitled to.
What is the importance of the disability onset date for SSDI benefits?
According to the Social Security Administration (SSA), the disability onset date is when an individual cannot work due to a disability. This is an important date to establish because it essentially affects an individual’s eligibility for back pay, and subsequently, the maximum amount of SSDI benefits they can receive. Specifically, back pay is the amount of benefits an individual is owed for the time between their becoming disabled and their application approval.
With that being said, if your symptoms were delayed, your disability onset date may not particularly be the date of your personal injury event. But still, they may have arisen and progressed well before you submitted your SSDI benefits application. This is a message that you must drive home for the sake of back pay.
How can I apply for SSDI benefits if I experience delayed symptoms?
The SSA established a five-month waiting period from the established disability onset date before an individual can receive SSDI benefits. But still, provide enough evidence that you experienced delayed symptoms even earlier than your application date, you may still be eligible for back pay benefits from the date your disability started, minus the five-month waiting period.
For this, you must not leave any gaps in your medical records. For example, you may have a medical record from the date of your personal injury event noting that you incurred little to no bodily injuries. Then, a record from a follow-up appointment highlighting your progressing aches and pains. And lastly, test results and a diagnosis from a third appointment that officially discloses your disability. Here, you may even have your treating medical professional provide a statement as to why your symptoms were so delayed, and the treatments you actively participated in to try to curb them.
In tandem with this, you must establish how your delayed symptoms have made is progressively difficult to perform your necessary job duties. Unfortunately, it may be more challenging to establish an earlier onset date if you continued working for a significant period after your disability supposedly began.
If you require legal representation, look no further than a skilled New Jersey SSDI attorney. The client testimonials on our website speak for themselves, saying that you will not regret hiring the team at The Law Offices of Sheryl Gandel Mazur.