Monday, December 5, 2011

What is a closed period of disability in San Diego?

A closed period of disability happens when a person was unable to work for 12 months or more in the past due to a medical condition. However, by the time Social Security Administration (SSA) decides the person was disabled, the person’s medical condition has improved and s/he is now able to work.

How do I qualify for benefits during a closed period of disability in San Diego?

You may qualify for disability benefits during a closed period of disability if:

  1. After your disability ends, you file an application for disability in 14 months; OR
  2. After your disability ends, you file an application for disability between 15 and 36 months AND give proof that you did not file your application in 14 months because of your mental and/or physical condition(s).

How are benefits paid for a closed period of disability in San Diego?

For Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), disability benefits are paid for the month a person’s disability ends and for the next two months.

For example: John was disabled from January 2010 to March 2011. His disability ended on April 1, 2011. John will be paid disability benefits for this closed period of disability for the months of April, May and June.

Can I receive back-pay for disability benefits for SSI during a closed period of disability?

No.

Can I receive back-pay for disability benefits for SSDI during a closed period of disability?

Yes, SSA may pay you disability benefits for the 12 months before your application date if you qualify for SSDI. In order to receive back-pay, you have to be disabled during the 12-month period before your application date.

For example:

  • John was disabled from January 1, 2010 to March 1, 2011.
  • John applied for disability with SSA in May 1, 2011.
  • The 12 month period before the date of John’s application is May 2010 to April 2011.

Since John was disabled for at least one month during May 2010 to April 2011, John will receive 12 months of back-pay for disability benefits for May 2010 to April 2011.

For more information about closed period of disability, please contact your local SSA office or visit www.ssa.gov.

With disability processing times often at well over a year, it is essential that you ensure your claim is being processed correctly. Hiring a Social Security Disability lawyer to handle your case will guarantee that no mistakes are made and no further delays are placed on your case. To find out more, visit us at www.socialsecuritylaw.com.

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