How Long Must a Person Be Disabled Before They Can File for Disability?
Category: Disability Law
- 24 Sep 2025
- Posted By WebSiteAdmin
If you suddenly become disabled and unable to earn a living, then there is no reason not to file for disability. In fact, the Social Security Administration (SSA) recommends applying immediately to avoid delays in processing and potential back payments.
Of course, if your situation is one where you become disabled over a period of time then it’s recommended you document your condition, doctor visits and any treatments you may have received. The person reviewing your case will want to be able to follow a clear trail of documentation and proof of your condition. If your condition has kept you from working, or is expected to keep you from working, for at least 12 months then you should definitely file.
If approved, benefits aren’t immediate:
- SSDI: There’s a 5-month waiting period after your established disability onset date before payments begin (with an exception for ALS diagnoses approved on or after July 23, 2020). However, the SSA can pay retroactive benefits for up to 12 months before your application date if you were disabled during that time.
- SSI: No waiting period, but payments start the first full month after you file or become eligible (whichever is later).
If you recall, every paycheck you have ever earned had withholdings. They took out money for taxes as well as Social Security. That Social Security part is important. This is the insurance you paid so you have access to funds when you retire and should you become disabled. You are entitled to this money should you need it.
Prior to the establishment of this system, disabled people were solely reliant on their families and community for help. Many times, this support system was simply not enough, and people were forced to live in shelters or on the street. In today’s system, this doesn’t have to be the case.
The Benefits of Hiring an Attorney
Your attorney will know exactly how to build your case from the ground up. They will not file until they have all of the relevant information. This is why using an attorney to handle your applications doubles your chances of being approved. Your attorney only gets paid if you are approved and they only take a small percentage of your payments and for a limited time. Your attorney will handle all communications with the SSA and file an appeal if need be.
