THE DURATION REQUIREMENT

Here is an example of a person who was disabled but did not qualify for any Social Security disability benefit:

Ann was in a bad automobile wreck on July 4th and broke her right arm, fractured bones in her shoulder and herniated a disc in her neck.  She spent 10 days in the hospital where orthopedic surgeons repaired the cervical disc and shoulder.  She wore a cast on her arm for an additional 6 weeks.  Ann went to physical therapy 3 days per week for 4 months after leaving the hospital.  Her doctor did not release her to go back to work until May 1 of the following year.

After such a serious injury and after being unable to work for almost 11 months, why would Ann not be eligible for Social Security disability during the time she had to be off work?

The answer is, because of the duration requirement.  

Under Social Security Rule SSR 85-52, unless your impairment is expected to end in death, it must last or be expected to last for 12 consecutive months before the duration requirement is met. 

In the example above, Ann's disability, although severe, did not last for 12 full months; therefore, she was not eligible for any Social Security disability benefit.

Comments

Post a Comment

Popular posts from this blog

I NEED HELP WHILE WAITING FOR DISABILITY

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?" This is a good question.  If you are disabled, not working and have little or no income--survival is the question.  It may take months or years for Social Security to decide your case.  What can you do.  Here are some sources of help you may want to consider: FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  http://www.needymeds.org/free_clinics.taf?_function=list&state=al UTILITY BILLS OR OTHER NEEDS: ...
Read more

YOU EARN SSDI BENEFITS - THEY ARE NOT WELFARE.

I speak truthfully when I tell people that Social Security disability is not welfare.  You paid for it, you earned it.  Claim it. Here's why the Social Security disability program is not welfare: 1)  You paid FICA tax every day you worked.  FICA stands for "Federal Insurance Contribution Act."  It's actually a Social Security tax.  It came out of every paycheck you earned. 2)  You were forced to purchase Social Security disability insurance (SSDI) by the US government.  You were not given a choice.  This is a government sponsored disability insurance plan, just like you would purchase from an insurance company.  The only difference, it was mandatory--you were forced to buy it, no choice. 3)  The Social Security program is self-financing.  It is not paid for out of the general US treasury.  FICA taxes come out of your paycheck, are matched by your employer, and go into a special trust fund.  When you become dis...
Read more

HOW TO GET DISABILITY BENEFITS AT AGE 50

Image
If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity ( See definition below)* When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity). Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  T he RFC is key to getting a favorable d...
Read more