Must you be off work for 1 year before applying for disability? The answer is: No, No and No.
This is a misunderstanding of the duration rule. The rule says that you must have a medical impairment that has lasted for at least 12 consecutive months, is expected to last for 12 consecutive months, OR to end in death.
What does this actually mean? It means that Social Security does not pay for short term injury or sickness that will probably not last for at least 12 months. So the question becomes: How long is my condition expected to last? If the answer is 1 year or longer, go ahead and apply for disability benefits. If the answer is "Certainly less than a year," then you should not apply.
Here are some examples of cases that Social Security will not approve because of the duration rule:
EXAMPLE 1: Jennifer breaks her right arm in a car accident and it requires extensive orthopedic surgery to repair damage. She can't work because her right arm is going to be in a cast for about 3 to 4 months. However, her doctor says that after about 4 months, he will release her to return to work. Jennifer will not qualify for SSDI because she is not going to be disabled for at least 12 consecutive months.
EXAMPLE 2: Arthur is having surgery for a heart condition that is expected to keep him off work for about 6 months. But, his doctors expect him to recover fully and be able to return to his job as a customer service supervisor at a department store. Arthur does not qualify for SSDI because his impairment is not expected to last for at least 12 consecutive months.
EXAMPLE 3: Mr. Citizen has just been diagnosed with multiple sclerosis and severe neuropathy in his legs and feet. This obviously is going to be a long-term problem and Mr. Citizen does not believe he can continue working as a heavy equipment operator. He should apply for disability. Although he has only been off work for 2 weeks, his medical condition is not expected to improve within 1 year to a point that he can go back to work. He meets the 12 month duration rule.
There is NEVER a requirement that an individual must wait 1 year to file for SSDI. The question is: Will the disabling impairment last for at least 1 year (even if that one year is in the future)? If there is a probability that it will, then a disability application should be filed right away (not a year from now).
Any unnecessary waiting to file an application for disability benefits may cost the claimant money, in some cases a lot of money. There is also a danger that SSDI eligibility (work credits) may expire if you wait too long.
If your disabling condition is medically expected to last at least 12 consecutive months, file now.
One final thought. The rule says that the disabling condition must last for 12 CONSECUTIVE MONTHS. It can't be intermittent or on-and-off disability. And it can't be a combination of different conditions that begin at different times. Let me illustrate with one more example:
EXAMPLE OF NON-CONSECUTIVE IMPAIRMENT:
McKinsey had to have a kidney removed in January. She was unable to work for 7 months, then recovered fully. However, just before she went back to work after the kidney surgery, she had a wreck and injured her neck. The neck injury kept her off work another 5 months. Taken together, both impairments disabled her for 12 months. However, this does not meet the 12 month rule because there was no single impairment which lasted for 12 CONSECUTIVE months. McKinsey has 2 short-term impairments that were not related.
I realize that Social Security rules are confusing. That's why we are here--to help you make sense of it, answer your questions, and guide you in filing for benefits. I like to speak to people who have potential claims, whether I actually end up representing them or not. And I will answer your questions free without any obligation. To contact me, simply pick up the phone and call my office.
___________________
Charles W. Forsythe
Social Security Disability Consultant
The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
"Across from Bridge Street
PHONE (256) 799-0297
Consultations are Free!
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