Statute of Limitations and Veterans Social Security Disability Claims

By Michelle Shvarts
Principal Attorney

Veterans, like civilians, who suffer from an illness or an injury that prevents them from retaining gainful employment can apply for Social Security disability benefits through the Social Security Administration. There are, however, some unique considerations veterans need to account for when applying for Social Security disability benefits. For instance, some disabled veterans may be receiving payments from the VA which can result in limitations on the benefits to which they are entitled to receive. Furthermore, timing can be important in applying for Social Security disability benefits.

Statute of Limitations and Veterans Social Security Disability Claims

To be clear, there is no statute of limitations imposed on a veteran’s ability to apply for Social Security disability. This means that there is no time limit that will run out on a veteran’s ability to apply for Social Security benefits. There are, however, other timing factors to take into consideration. Waiting too long to apply for Social Security disability benefits could ultimately end up impacting what benefits you are eligible to receive.

While there is no strict statute of limitations in place on a veteran’s ability to file for Social Security disability benefits, it is still recommended that a veteran begin the benefits application process as soon as a medical condition prevents them from working. This is true regardless of whether the medical condition developed suddenly or overtime. Delays could jeopardize benefit eligibility. For instance, when it comes to SSDI program benefits, the veteran will need to provide evidence of a sufficient work history. This means that the veteran must have earned a total of 40 work credits, with one credit being equal to a quarter year of working. A minimum of 20 of these credits must have been earned within the past 10 years. Should a veteran delay in applying for SSDI benefits, their work history may not account for sufficient credits to qualify.

There may not be a statute of limitations on filing a Social Security disability claim, but there is a time limit placed on a person’s ability to seek an appeal. This is important to remember as most initial Social Security disability applications are denied the first time around and many applicants are much more successful at the appeals level. Anyone who has their claim denied, however, only has 60 days from the denial to file an appeal.

Los Angeles Disability Attorney

The SSA’s SSI and SSDI benefit programs provide critical financial benefits to those veterans and civilians who have been unable to retain gainful employment due to injury or illness. Do not delay in applying for these important benefits as it risks your ability to qualify for them. Getting a dedicated disability attorney can help you take on this important, but often complicated task. Reach out to the team at Disability Advocates as soon as possible for assistance in applying for Social Security Disability benefits. Contact us today.

About the Author
Ms. Shvarts is the managing attorney for Disability Advocates Group. She opened Disability Advocates Group to assist individuals who became disabled and unable to work to obtain the benefits they need and deserve.  Ms. Shvarts and the rest of the team at Disability Advocates Group are dedicated to assisting individuals obtain Social Security Disability Benefits (SSDI) and Supplemental Security Income (SSI) benefits.