my disability has lasted 3 years, 10 months since the car accident, previously I did not apply for SSDI because the attorney said that with back problems it was really hard to qualify unless surgery was recommended.....now it is, so if I apply for SSDI all this time that I had been disable won't count and will be trashed????? and because my doctor estimate less than a year to recover from surgery I may be denial benefits???????
sorry but I am still confused about how this apply
based on my statement I may be able to qualify?????? or due to I did not apply before I may be denial???
Response: You would qualify for disability benefits ONLY if you meet Social Security Administration strict definition of disability. In order to be considered disabled for Social Security benefits purposes, you MUST show that you have worked long enough to earn benefits and that you are unable to work because of your disability and that your disability is expected to last for at least 12 months. If you are claiming that you have been disabled for more than three years, then in your application for benefits, you must state the date that your disability started and provide supporting documents for your claim. As previously stated, your initial claim would most likely be denied like the majority of disability applications. You have to be patient and go through all the levels of reconsideration and appeal. Most applicants are successful at the Administrative Law Judge level.