Sunday, February 16, 2020

WHEN SHOULD YOU FILE FOR DISABILITY?


Generally, you should file a claim with Social Security as soon as you believe you will be unable to work for at least 12 straight months.  Don't worry too much about trying to figure out if you will be approved. You won't know that until you try.

You do not have to wait 12 months to file your claim.  The rules say you must be off work for 12 months, expect to be off work for 12 months, OR have a condition that is expected to result in death.  This is called the duration requirement.

Social Security does not pay for short term disability, which is those lasting or expected to last less than 12 consecutive months.  

EXAMPLE 1:  You break your leg and require surgery to repair it.  Your orthopedic surgeon says you must be off work for about 6 months for healing and physical therapy. You won't qualify for SSDI because of the duration requirement.

EXAMPLE 2:  You have gallbladder surgery with complications which requires you to be off work for 4 months.  You recover and would be able to return to work soon; however, you have a car accident before you go back to work.  The accident injuries keep you off work for another 9 months--a total of 13 months.  Does this meet the duration requirement?  No, because it is two separate, unrelated impairments, neither of which lasted 12 consecutive months  by itself.

EXAMPLE 3:  You suffer a stroke which requires extensive rehabilitation.  Your doctor says you will be unable to work for an indefinite period of time, but definite for more than 12 months.  Can you file a disability claim now?  Yes and you should.  Although you have not been off work for 12 months yet, it is medically expected that you will be.  

So, if you have a severe impairment expected to keep you form working for at least 12 straight months, you should file a disability claim now.

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