Just this past week, I have tried two disability cases in which my client stopped working but did not apply for disability for 5 years (in one case) and for 10 years (in the other).  These cases were tried before different judges but in both instances, the judge expressed a great deal of concern with the claimant’s delay in filing for benefits.

I rarely see delays in applying like this so I was a little surprised by the reaction I got from these two judges.  Here are my thoughts as to why Social Security judges may be concerned (and possibly even a little suspicious) if you wait several years after you stop working to apply for benefits:

Concern about truthfulness – I sense that Social Security judges have a hard time believing that disabled individuals do not know about the Social Security disability program.  They may believe that a claimant is working “under the table” for cash, volunteering or caring for children.