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January 14, 2025
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Disability Doesn't Have to Be Forever
Updated On: Jul 18, 2011

Most people want to work.  Work makes people feel productive and no matter what their job is, they usually take pride in their work.  They enjoy the conversations at the workplace.  They feel good that they can earn money to support themselves and their family.  A person's identity is often wrapped-up with their work.

 

So, when a person becomes too sick or has a severe injury that prevents them from working, they often are hesitant to apply for Social Security disability benefits because they expect that their "disability" is only temporary, or hope that it is, and they don’t' want the label of being "disabled."  They don't like the idea of thinking of themselves in those terms.

 

But, a person, who is too sick or has had a severe injury that prevents him or her from working, should not hesitate to file for Social Security disability benefits.  There are several reasons for this:  1) Social Security disability benefits work something like an insurance policy.  With an insurance policy the policy will eventually be cancelled and coverage will lapse if the insured person quits paying their premiums.  Similarly, if a working person quits working, and thus, quits paying into the Social Security system, eventually the person is no longer covered for Social Security disability benefits.  Therefore, a delay can cause a person to be unable to collect these benefits.(This has nothing to do with eligibility for Social Security benefits); 2)  It takes a long time to get approved for Social Security benefits, so waiting can be detrimental; 3)  The furthest back a person can be paid is one year prior to their application date, minus a five-month waiting period, so the longer a person waits, the more money they lose; and 4)  If while he is waiting for his claim for Social Security benefits to be approved, the person feels better and can work, no harm done.  A person can always withdraw his claim.

 

Within the first 12 months after filing for Social Security disability benefits a person can work full-time for up to three months without affecting their claim. If they have to quit or are terminated, due to their disability, then it will be considered an unsuccessful work attempt.  If the claim has been pending for over 12 months, a person can actually work full-time for up to nine months without affecting their claim. However, this is cumulative, not consecutive.  This is called a trial work period.  If the person doesn't make it for the full nine months, no problem.  If they do, they won't be eligible for continuing benefits, but they may still be eligible to be paid for the time they were unable to work.  This is called a closed period of disability.

 

This is just an overview.  For specific questions, call an attorney who has extensive experience in representing Social Security disability claimants.

 

Attorney Susan O'Neal has been representing people in their claims for Social Security disability benefits for over 20 years.  Call for a free consultation.

 


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Susan O'Neal, Attorney at Law
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