How to Apply for Disability

What Forms Will You Use for Your Initial SSD Application?

When you file for Social Security Disability benefits, you will be required to fill out a variety of different forms. If you file in person or over the phone, these forms will be filled out for you, based on your responses to the questions asked. The forms for SSD benefits include:

• SSA-16-BK—Application for Disability Insurance Benefits
• SSA-3368-BK—Adult Disability Report
• SSA-3369-BK—Work History Report
• SSA-827-BK—Authorization to Disclose Information to the SSA

How to Complete Forms and Reports for Your SSD Case

If you are filling out the forms yourself, ensure you are using a current version of each form (there is a revision date in the bottom left-hand corner; if the revision date is not within the last year or two, or you are unsure whether you are using the latest form, make sure to contact your local SS office). If completing the forms in person, make sure your writing is legible, and use blue or black ink only. It is important to note that Form SSA-827 gives the SSA the right to retrieve all your medical and educational records that can support or deny the validity of your claim.

This is a blanket authorization that helps examiners evaluate whether you are able to perform tasks related to your job, given your disability.  If you file online, you will fill out the Work History Report and the Adult Disability Report as a part of your application. It is very important that you fill out all details about prior job duties, including to what extent you were required to perform physical duties, such as walking, standing, sitting, lifting, etc.

How Many Times Can You Apply for Social Security Disability Benefits?

Unfortunately, obtaining SSD benefits can be a lengthy, often trying process. There may be more than one application for benefits, plus the appeals process has four levels that can take a significant amount of time. While this can all seem very disheartening, when your physical or mental limitations prevent you from earning a living, it is important not to give up on the process. Once you are approved for SSD benefits, those benefits will be backdated to the time of your initial application, so you will have an initial lump sum, along with your monthly disability payments.

There is no limit on the number of times you can apply for Social Security Disability benefits, however, it is almost always a better idea to go through the appeal process rather than submitting a new application. Often, the submission of a new application can be a waste of your time and effort; consulting a disability attorney to help you with the appeal process can be another step. If you do decide to reapply after a denial of your initial SSD application, timing is everything. Disability examiners who review SSD applications are required to follow very strict guidelines, therefore, if nothing has changed regarding your claim since the last time you filed, your chances of receiving another denial are significant.

There is a situation where submitting a new application could be the right course of action. If you have new, significant medical evidence which supports your disability claim, or if your initial application was denied because important medical evidence was lacking, then re-applying could be the right thing to do. If you are uncertain whether re-applying for SSD benefits or beginning the appeals process is the right action for you, consulting an experienced SSD attorney from Carmichael Law Group can help you.

Consultative Examinations Process for Disability Claims

While an appeal can take months, or sometimes, even a year or longer, the odds of getting an approval at the ALJ appeal level are much better than being approved at the initial level—as many as 50 percent of ALJ appeals are approved for disability benefits, although this number varies somewhat by the state you live in.

Is There an Age Requirement for Applying for Disability Benefits?

If you have already reached full retirement age (66, currently), you cannot apply for Social Security Disability benefits, because you are able to collect Social Security retirement benefits. If, however, you are 65 and disabled, you should definitely go ahead and apply for SSD benefits. It can be much easier for those over the age of 65 to get disability benefits because there are special rules for the elderly.

The Social Security Administration is much less likely to deny your application because medical conditions are much less likely to resolve themselves after the age of 65. While the full retirement age is currently age 66, in 2027, it will increase to age 67. The amount you will receive for disability is likely higher than what you would receive for early retirement.

You will also avoid Social Security’s early retirement penalty by filing for SSD benefits—in other words, SSDI is like an early retirement program with no penalties involved. Since it can sometimes take years to be approved for SSD benefits, you might choose to apply for early retirement benefits and disability benefits at the same time, which is fine with the SSA, and allows you to collect retirement benefits while waiting for a decision on your disability application.

Later, if you receive approval for your disability benefits, you will begin receiving disability benefits rather than early retirement benefits. If the SSA determines you were disabled while you were collecting early retirement benefits, you will be paid the difference in benefit amounts for those months. On the flip side, if you are denied disability benefits, then your full retirement benefits will be permanently reduced because you chose to collect early retirement.