"CLOSED PERIOD" OF DISABILITY

Here's a question from our mailbag this week:  

I hear people speak of a "closed period" disability claim with Social Security.  What is that?"

A "closed period" of disability simply means that the disability began on a certain date and ended on a certain date.  A closed period could award back pay for a disability that was in the past but would award no future or continuing benefits.

Let's say that Clem Claimant hurt his back at work and had to stop working for back surgery.  Let's say he stopped working on June 1, 2011 and recovered, then he began working again on July 1, 2012.  Since Clem was off work for the required 12 months minimum, he could seek benefits beginning June 1, 2011 and ending June 30, 2012.  If approved, he would receive back pay for the 13 months - minus the 5 month waiting period.  (In this example he would actually receive pay for 8 months, 13 months minus the 5 months).

Since Clem has gone back to work full-time, he will not be eligible for any continuing benefits.  His disability period "closed" when he began working again. 

I have handled many hearings for claimants with closed period disability cases.  If there is medical evidence of a legitimate injury or illness that was severe enough to require the claimant to be off work, most judges have no problem approving a "closed period" of benefits. One issue that may arise in this type of case is: Does the claimant have transferable skills that would have permitted him to have performed any other work while he was off his regular job?  (If he could have performed some other type of work, based on his age, education and past relevant work experience, he may be found "not disabled" during the period in question).
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By Charles W. Forsythe
The Forsythe Firm
Social Security Disability Representatives
Huntsville, AL
(256) 799-0297          See Our Disability Website for More Free Info.


 
  Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits.   To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court.   Learn more about NOSSCR here.

SOCIAL SECURITY & UNEMPLOYMENT BENEFITS

I often get the question, "Should I continue to draw unemployment benefits after I file for Social Security disability?"  That is a complex question.

First, there is a contradiction involved in getting unemployment benefits and Social Security disability benefits at the same time.  To qualify for unemployment benefits in Alabama, you must attest that you are able to work and available for work.  You are also supposed to be actively looking for work.

The requirement for Social Security disability is just the opposite.  SSDI requires that you have a severe physical or mental impairment that makes you unable to perform any substantial gainful activity (full time work).  Obviously, one cannot be both unable to work and able and available for work at the same time.

However, if a person cannot work and has no income, he/she may be forced to collect unemployment.  There is no law that says you are disqualified for disability benefits simply because you draw or have drawn unemployment benefits.  Some, even within Social Security, believe that it is unfair to ask an individual to choose between unemployment and filing for disability, especially since there is no guarantee that disability will be approved.  Even if it is, the process can take months or years.  

Collecting unemployment benefits while a Social Security disability claim is pending is just one of many factors that will be considered when your disability claim is being decided.