THE DURATION REQUIREMENT FOR DISABILITY

Social Security does not have a short-term disability plan.  To get a benefit, the claimant must be unable to work for a period of not less than 12 consecutive months.  And this disability must be the result of at least one severe impairment that has lasted, or is expected to last, for at least 12 consecutive months.

Does this mean that you must wait 12 months before applying for disability benefits?  No, it does not.  It means that your impairment must reasonably be expected to prevent you from working for at least 12 months.

A good example of something not covered would be an accident from which you are expected to recover in a few months. Let's say an individual is hurt in a car wreck, has a broken leg and requires surgery followed by physical therapy.  He is out of work for 5 or 6 months.  However, at the end of 6 months he can return to work.  This would not be covered by Social Security because the impairment didn't last 12 straight months.

However, another person has severe back and leg pain caused by a nerve impingement in the spine.  She struggles to keep working but finally has to stop because she can't endure the pain caused by prolonged sitting, standing, walking or lifting.  This is a chronic condition, expected to last for an indefinite time and the doctors do not have a plan to fix the problem.  This person may qualify for SSDI because the impairment can be reasonably expected to last 12 straight months or more.

I might note that once the 12-month duration requirement is met, age plays a huge role in the determination.  Individuals under age 50 are expected to adapt to less physically demanding jobs and stay in the workforce, if possible.  Persons age 50 and over may be judged based on their ability to perform only their past relevant work--i.e., full-time jobs they have held during the past 15 years.

Do you have a disability claim that bears a reasonable chance of approval?  It may be useful to speak to an attorney or non-attorney disability advocate who handles Social Security cases for a free evaluation.  This professional will look at your medical condition, age, past work history and education--to analyze your odds of a successful SSDI claim. There is never a cost for this evaluation.
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The Forsythe Firm
Social Security Disability Representatives
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
PHONE (256) 799-0297

*Not affiliated with the US Social Security Administration; we work for you.