Friday, July 25, 2008

Award Disability for Chronic Health or Mental Problems

In a forum I visited recently, one of the posters was discussing whether or not to file for disability benefits from SSA (social security administration). However, she seemed to have the idea that, unless her condition was something that rendered her wheelchair bound or unable to live independently (which might be the case for someone with profound mental limitations), she wouldn't qualify for disability benefits.

Question: does your condition have to be this severe to be approved for disability under social security guidelines?

Answer: No. Your condition will be considered disabling if it prevents you being able to work and earn a substantial and gainful monthly income (read substantial gainful activity, or SGA). This means that if your mental or physical condition makes it impossible for you to perform your past work or perform some form of other work to the extent that you can't earn a substantial and gainful income, as defined by the social security administration, then you may be eligible for social security disability or SSI benefits.

Why did I use the word "may"? Because to qualify for ongoing monthly benefits, a person's state of disability must last for at least 12 months. Yes, your disability must last a full year to qualify for disability benefits from social security.

Can you receive disability benefits if your condition prevents you from working and earning a substantial gainful income, but this condition lasts less than a year? Yes, in some instances a claimant can be awarded disability benefits for a specific duration lasting less than a year. This is known as a closed period. However, there are a couple of things to point out about potential closed period awards.

1. A closed period is awarded by a disability judge at a hearing, not by a disability examiner who has rendered a decision at either the disability application level or reconsideration appeal level. Therefore, to qualify for a closed period, a claimant will need to pursue their claim at least as far as the hearing level.

2. For social security disability cases there is a five month waiting period. The five month waiting period only applies to social security disability cases and not to SSI disability cases. What is the five month waiting period? It is basically an elimination period, meaning that if you get approved for disability, the social security administration will not pay you for the first five months for which you have been determined to be medically eligible to receive social security disability benefits. How does this affect a closed period? Here's one example---let's say that your disability only lasts for 8 months versus the 12 that are necessary to be awarded ongoing SSD benefits. If you are given a closed period award by a judge, you would actually only receive three months of benefits because the first five months would be eliminated by the five month waiting period.










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  • Social Security Disability Secrets
  • Social Security Disability Benefits Questions




    Other pages
    Social Security Disability and Mental Impairments
    What does SSI stand for in a disability claim?
    What to bring to a social security disability interview
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    Disability Determination for Social Security Disability Benefits
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    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing





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