WHAT ARE THE TIME LIMITS TO FILE FOR SOCIAL SECURITY DISABILITY?
FEDERAL
WORKERS' COMPENSATION? MEDICAL DISABILITY RETIREMENT?
Figuring out just how much time you have to file your claim for social security disability, federal workers' compensation and other claims and appeals can be very confusing. Get the deadlines wrong and file too late could mean that you and your dependents are out tens of thousands -- if not hundreds of thousands -- of dollars in lifetime benefits.
Here is a brief explanation of the general deadlines you need to know about.
SOCIAL SECURITY DISABILITY
Contrary to popular belief that you can file for social security "disability" anytime, there is a hidden deadline running for everyone. That deadline is called your "date last insured" or "DLI". Your DLI is individual to you and is based on the number of years you have worked and the amount of FICA taxes you have paid to the government. If your DLI has expired, then regardless of how disabled you may be, you might not be entitled to collect any social security disability benefits. Everyone needs to know their DLI. If you don't know your DLI, you need to get it immediately. To get it you must visit (you cannot call them) your local SSA office and have them run your case on their system to calculate your DLI.
If you are going to file for social security disability you need to file before your DLI date has expired. Otherwise you may be limited to filing only for much lesser paying "supplemental security income" SSA benefits.
Once you file for social security benefits, if you are denied you will generally have 60 days to file an appeal at every stage of the process thereafter.
FEDERAL WORKERS' COMPENSATION
Federal workers' compensation claims (also known as "OWCP" claims) have a range of deadlines. Generally if you are traumatically injured on your federal job notice of injury must be filed within 3 years of the injury. If the claim is not filed within three years, compensation may still be allowed if notice of injury was given within 30 days or the employer had actual knowledge of the injury or death within 30 days after occurrence. For occupational illness claims, the 3 year time for filing claim does not begin to run until the employee has a compensable disability and is aware, or reasonably should have been aware, of the causal relationship between the disability and the employment.
If the claim is denied you will have a variety of appeals timelines depending upon the specific reason for denial and the issue in the claim.
You may be given three appeals options: (1) you have 30 days from the date of denial to file a request for an oral hearing with the Branch of Hearings and Review, or (2) you have 180 days from the date of denial to file a request for review with the Employees Compensation Appeals Board, or (3) you have 365 days to file a request for reconsideration with the OWCP.
The type of claim and the issues will determine which appeal route applies for you. You must choose the proper appeal for your claim.
Also note carefully: the government changed the rules this past year for filing appeals in OWCP claims. Before, a claimant only had to show by postmark or otherwise that he had filed the appeal before the deadline. Under the new rules, the claimant now must show that the OWCP has "received" the appeal before the deadline. That means a claimant must file his appeal long enough before any deadline to make sure the appeal is "received" in time.
OPM MEDICAL DISABILITY RETIREMENT
OPM medical disability retirement is an annuity program for federal employees that is similar to social security disability.
The deadline for filing for OPM medical disability retirement is pretty straightforward. You must file for OPM medical disability retirement within one year of your last date on the roll as a federal employee.
It sounds simple, but many federal agencies incorrectly (and likely intentionally) tell federal employees that they must wait until one year after their last date on the roll as an employee to file for OPM. The poor hapless federal employee who then waits one year and a day to then file for OPM will quickly learn there is no excuse or appeal available to him. His filing for OPM, even just one day late, will result in a dismissal of his claim and a loss of lifelong annuity benefits. Also as part of filing for OPM, a federal employee is required to file for and follow through with a claim for social security disability benefits.
These are general deadlines only for SSA, OWCP and OPM. The actual deadlines in your particular claim may vary depending upon the exact issues being raised in your claim. Regardless, you are required to know your own deadlines and to follow them. The government is under no obligation to assist or guide you with any filings or appeals and will not.
Trying to understand the laws and regulations surrounding disability benefits can be incredibly confusing for the layman. It's almost impossible unless you have devoted your education and career to understanding this specific niche. If you want to cut through the all the confusing obstacles that stand in your way, give the offices of James R. Linehan a call as soon as possible. If too much time passes, you and your family could well miss out on substantial federal benefits that you are otherwise entitled to receive.
