Social Security’s 12-month Disability Requirement – How It Works

To be awarded Social Security disability benefits you must meet very specific and strict requirements imposed by the Social Security Administration. For instance, you must prove that you have one or more severe impairments which prevent you from engaging in what Social Security calls any “Substantial Gainful Activity” (working and earning more than $1,690 per month).

Another key requirement is that your disability must have lasted or be expected to last at least 12 consecutive months. For Social Security disability purposes there is no such thing as temporary or partial disability. Your impairment must prevent you from earning above the SGA level for 12 complete months or more if you hope to be awarded disability benefits. This requirement ensures that disability benefits are for long-term issues, not temporary ailments.   If you return to work consistently before the 12-month mark, your claim may be denied, even if your medical problems persist.

Social Security’s requirement differs from many private disability insurance policies, which often cover partial disability, also known as residual disability.  This may allow you to receive benefits if you can only work reduced hours, can’t perform all duties of your job, or if you are out of work only for a few months.

The 12-month requirement, however, does not mean you should wait 12 months before applying for benefits. Most people who are unable to work due to a disability cannot wait a year and then wait for months, or even as long as a couple of years, for a decision from the SSA.

 “We have a better strategy,” Attorney Tom Nash points out. “Apply as soon as you can. Most workers are eligible to file a disability application the day after they stop working or the day after their earnings drop below $1,690 per month due to their impairment. The wait is bad even if you file quickly, but life can be much more difficult if you wait and your financial situation takes a turn for the worse. If you don’t get better, there’s no way to make up for the time you’ve missed.”

There are several other reasons to begin the disability application process as soon as possible.

• Delays can put you at risk of losing money in retroactive benefits.  In SSDI claims, Social Security may pay disability benefits up to a year before your application filing date, provided they find you had a disability during that time and you meet all other requirements.  In SSI claims, Social Security may pay benefits as early as the month following the application date.
• If you are applying for Social Security Disability Insurance (SSDI) you must have work credits and your work credits might expire.
• Plus, it is easier to gather medical evidence which is recent rather than after a long period of time has passed.

The best strategy is to consult with an experienced disability attorney who can advise you on the right time to file your initial application.

If you have a disabling injury or illness and your condition has made it impossible for you to hold a job, contact us at Nash Disability Law for a free evaluation of your situation. We can help you navigate through the complex SSA disability claims process and guide you on the best path forward. We only get paid when you win your case.