Contact Us for a Free Consultation 469-678-7274

Blog

Social Security and the 12-month Duration Requirement

Posted by Madeline M. McIntosh | Apr 01, 2020 | 0 Comments

Unlike the Department of Labor’s definition for Worker’s Compensation which allows for a partial disability, the Social Security Administration’s definition of disability is a bit more involved. Social Security does not pay benefits for a partial disability. A partial disability may be a Worker's Compensation claim issue for you.

The reasoning behind not paying for a partial disability is that the Administration supposes that families have other income(s) to assist them during a short-term disability impairment. For example, other means could be through savings, insurance, any investments and as previously mentioned worker's compensation.

What the Administration does pay for is a disability that lasts at least 12 months or a permanent disability.

To be disabled under the Administration's definition you are disabled if you meet every requirement of this three prong test:

  • You are unable to do the work that you did before, and remember to test this they will go back 15 years to your prior jobs experience;
  • The Administration will make the determination, based on your evidence and medical history, that your medical condition precludes you from adapting to some other type of work which exists in significant numbers in the economy, based on your age, education and work experience; and
  • The disability is expected to last 12 months at least or to result in death

So this being said, Social Security does not demand that you be permanently disabled to receive benefits. If you're experiencing a condition that is expected to last at least 12 months, and you're expected to recover, you may be eligible for disability benefits during this time.

This blog is intended for information purposes only and does not establish legal representation or financial guidance. 

About the Author

Madeline M. McIntosh

Law Office of Madeline M. McIntosh

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Comments have been disabled.

Contact Us Today

If you have any questions about any aspect of your disability claim, a denial or filing Bankruptcy, contact the Law Firm of Madeline M. McIntosh today at 469-678-7274 or [email protected].

Menu