Understanding the Disability Duration Requirement.
The disability process can be long and complicated. One aspect of applying for benefits that many people do not fully understand is the Social Security Administration's “Duration Rule”.
We all know that if you cannot work due to a physical or mental illness you may be eligible to get Social Security Disability Benefits. If you can’t work anymore SSA will pay you a certain amount every month.
What many people don’t understand is that you have to be unable to work for AT LEAST 12 Months to get any benefits.
For example: If a construction worker gets into a car accident, broke both legs and won’t be able to return to work for 6 months, Social Security will not pay him anything even if they agree that his conditions are severe. Because he will recover within a year he is ineligible to get benefits.
If, however, his recovery takes longer than expected and he does not return to work for over a year he IS Eligible to get disability benefits for the time he was out of work.
If you haven’t been out of work for at least 12 months yet, SSA may wait to award you until you’ve been out a year. If you can get medical evidence and doctor support saying that you will be unlikely to return to work for over a year, you may be able to get benefits sooner!
Remember disability can be complicated sometimes. If you ever have any questions don’t hesitate to call or text the experts at Keefe Disability Law at 1-800-776-2929 anytime!