Most criminal, civil, and workers’ compensation cases have “statutes of limitations” attached to them. These statutes set deadlines for when claims must be initiated following a cause of action—for example, when someone first commits a criminal act or suffers an injury. Failing to comply with these deadlines will generally result in the case being thrown out as soon as it reaches a court. This is to ensure that relevant evidence is still available and prospective “defendants” do not have the threat of legal action looming over them indefinitely.
Technically speaking, there is no statute of limitations for Las Vegas Social Security disability claims, in the sense that there is no specific time limit enshrined in federal law. This is because, in theory, a violation would prohibit a disabled person from ever being allowed to apply for Social Security Disability Insurance (SSDI) benefits. However, there are still various deadlines within the SSDI application process that you should know about. Our skilled attorneys at Shook & Stone could provide crucial help in complying with these deadlines throughout the SSDI application process.
When Is the Best Time to Start an SSDI Application?
Even though there is no legal statute of limitations for SSDI claims in Las Vegas or anywhere else in the United States, it is still best to start the application process as soon as you become aware of the onset of a long-term disability. More specifically, you should strongly consider starting an SSDI claim when your treating physician believes an injury, illness, or chronic condition will prevent you from working for at least 12 consecutive months.
Additionally, it is important to note that the Social Security Administration (SSA) will only provide “retroactive benefits” for a maximum of 12 months prior to the SSDI application date. In other words, when someone has had a disabling injury for five years prior to filing their application, they will have missed out on at least four years of benefits they may have been entitled to if they had not delayed.
Other Important Deadlines in the SSDI Claims Process
With relatively few exceptions, there are only strict deadlines for actions involved in the SSDI application process in Las Vegas if the SSA denies a claim and the claimant wants to appeal that decision. More specifically, you have 60 days after receiving notice of your SSDI rejection to request reconsideration of your petition by another representative of the SSA. If that reconsideration also results in a denial, you then have 60 days to request an appeal hearing before an Administrative Law Judge (ALJ).
These 60-day deadlines also apply to requests for the SSA’s Appeals Council to review an unfavorable verdict from an ALJ and to file a civil lawsuit in U.S. District Court in response to an unfavorable decision from the Appeals Council. One final note is that when you want to submit evidence for an ALJ to consider during an SSDI hearing, you must submit that evidence to the court at least five days before the scheduled hearing date.
Call a Las Vegas Attorney for Questions About SSDI Claim Deadlines
While there is not a strict statute of limitations for Las Vegas Social Security Disability claims, it is important to not procrastinate with the claims process. Quickly applying for benefits after experiencing a disability can be essential to getting the full number of benefits you should be entitled to through the SSDI program.
At Shook & Stone, we know how important it is for disabled individuals to get the help they deserve from the SSA. Our seasoned lawyers could work tirelessly on your behalf to help ensure you get a positive result from your petition. Call today to learn more.
