What is the 12-Month Duration Rule for Social Security Disability?
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- Опубликовано: 26 сен 2022
- What is the "12-Month Duration" requirement in your Social Security disability case?
Under Social Security law, you can win disability benefits if you have a medical condition that prevents you from working, but your condition must be one that has lasted or is expected to last TWELVE CONSECUTIVE months.
In other words, Social Security expects you to have a serious and long term medical problem that significantly interferes with your capacity for work. Social Security will not approve you for a serious, but short term medical issue.
For example, you may have two broken arms that prevent you from working, but usually a broken arm will heal in two to three months. So, unless you experience complications, two broken arms would not keep you out of work for a full year.
You DO NOT, however, have to wait twelve months to apply! As long as your doctors are telling you that your medical problem is likely to LAST twelve months, you can go ahead and file. Even if you are not certain that your doctor's treatment will or will not work, you should apply for disability if there is a reasonable likelihood that you will be out for a full year.
Since SSA is extremely backlogged, it can take them 8, 9, 10 months or longer to issue a decision so there is a good chance that the 12 months will have gone by by the time you get your decision. There is no reason to wait. Take action now! Get the ball rolling.
Finally, if you are out of work due to a severe medical issues for a full year but then return to the workforce, you can pursue a "closed period" of disability for the twelve months or longer that you were out.
If you think that you have a severe medical problem that will keep you out of work I'd be happy to review your claim at NO COST to you. Contact me below. No fee unless you win!
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Aww Mr. Ginsberg, I wish I would’ve known about you before I hired my current Lawyer. You are the best . Thank you for all the information you give regarding the SSDI journey .
Well I am a 69 year old Vietnam Vet served my Nation on the 7 of June was working full time up until this date.I passed out due to my heart condition and damage my spine been out of work over four months now.I contacted the Social security Administration to ask about getting a Disability told me that I was to Old.I had to file for Disability at age 50-64 years old.Since I was over 64 years old I was to old to get on Disability even if I was still working full time.I have no 401 K or IRA everything that I have worked for now is being repossessed because I no longer can pay my bills and support my family. I am married and have a handicap daughter so now my family and I are living off of my social security check of $1,200.00 and all my bills are over $3,000.00 dollars can't get on unemployment and food stamps because I am unable to look for work because I am under doctor's care..In my book the Social security Administration has discriminated against me because of my age which there is law's in place for this but they have age cut off at age 64.
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my next door neighbor was diagnosed with stage V mets brain cancer after being dizzy one day at work. They gave her 6 months to live. She died in 11 months at age 59 and never got a dime of SS. SS needs to have a 14-day automatic approval for legit real terminally ill patients. She could have used that money to pay her COBRA, but instead she lost everything and had no health insurance and she had too many "resources" to get free/low cost health insurance with her $24,000 in savings that went fast.
Great channel.
If I could change one thing about SS or SSI, it'd be an automatic 14 day approval for terminally ill tax payers/citizens.
This is so true. My injury happened February 2021, I had a broken ankle, tibia, and fibula. I have 2 screws in right ankle. I go through severe pain and swelling, disability sent me for X-ray, and it showed arthritis in my knee and right ankle. Old fracture deformity of distal fibular. Also was diagnosed with PTSD and anxiety. I cleaned 2 rooms in my house, and the swelling and pain was sooooo bad. I am in reconsideration stage at this point, with a attorney, but I am hopeful, but disability attorneys are not hopeful at reconsideration stage, and make their client feel like they want the client to be denied, so it can go to appeal. I doctor filled out an RFC form and stated my injuries will last and is expected to last a year, but I am sure disability will overlook that, I am hopeful for an approval. I filed September 2021, was denied February 2022, and been in reconsideration stage since. I was sent for X- Ray September 17th. Let alone the medications, I take keeps me drowsy, fatigued, among other side effects. I thank you for your videos, they are very helpful.
Hello, I just wanted to thank you for giving my case to social security lawyer that you referred me to. I got fully favorable approval.
_You are VERY welcome!_
still confused
I went off work in August 2019 went off on short term disability worked for 30 years study when I had to go in emergency open heart surgery for a valve that went bad in my heart , my short term disability ended I was looking to go into long-term disability at that time but the doctors at that time we’re cutting me loose and I was still having problems that caused me to go to the doctor in the first place arrhythmia PVCs a fibrillation ,
So I ended up getting laid off let go so the insurance that I had Kaiser stopped I couldn’t pay it because I no longer had a job so I went on unemployment thinking I’m going to get better and I’ll go back to work I never got better started trying to exercise ended up going into a dangers a fib that landed me in the hospital , which this is what I was trying to tell the cardiologist for Kaiser it hits out of the blue and I have to go lay down I’ll go to the damn hospital ER , anyway blah blah blah right 🙄.. I have now haven’t worked since 2019 my unemployment ended at the beginning of 2021, I haven’t had no money coming in . I’ve had too many strokes due to a fib I’ve had a huge blood clot down in my leg DVT that they had to go in emergency and remove and now I’ve had two cardiac ablation’s one about 96 days ago I go back to the doctor on Monday for my visit and I am having the PVCs again every time I start picking up the pace I’m talking every other beat I’m taking Sotalol af 80mg , Eliquis blood thinner , another medication for blood pressure lorazepam for anxiety 25 mg of Seroquel to sleep . I’m basically bedridden every day if I get up and start moving around too much I start having all kinds of problems dizzy sick to my stomach shortness of breath I mean where I can’t go to the grocery store I can’t drive and I tell the cardiologist this the last five visits and it’s like oh yeah oh yeah you’re OK you’re OK we’re gonna fix you we’re gonna fix you and down the road you go , waiting for your next appointment that’s three months out . 😪😂.... crazy !
DH, have you applied for SSD? It sounds like you have a strong case.
@@ssdattorney no I have not , i’ve asked the doctor the cardiologist electro cardiologist
Well the cardiologist that deals with rhythm issue told him I was thinking about signing up for Social Security disability he said oh yeah yeah you’re not problems are severe enough you probably be denied I said really having this many in these big episodes he just looked at me real funny put me back on a two week heart monitor to see where we’re at now after the last cardiac ablation . There’s no way I could be normal like this . 😖. And I have no idea how to even start and I do not want to fill out a form or apply and screw it all up .
Thank you 🙏🏻
@@DH-dh2njget Mr. Ginsberg to represent you, he is the best. God bless and good luck . I hope you’re alright.
I was diagnosed with B cell Non Hodgekin Lymphoma last month, the doctor notes stated that I cannot work for 6 months. I work for the USPS and cannot lift boxes due to a medport placed in my chest for chemo treatment. Can I claim for Disability right now or do I need to wait for a year? Thank you
Love from DeKalb Mississippi USA 🇺🇸
THanks from Dekalb County, Georgia
Thank you for all of your knowledge and experience, you explain things very well!
I'm learning that these things are nice in principal, but even during these times of post covid etc disability has become even tougher to get. Automatic denials one after the other even for people nearing 60, with 35 years of medical problems, COPD arthritis severe back injuries, etc..... They don't care. They've got billions to send a formations, but to take care of somebody living in pain and can't work or can barely work, forget about it.
What happened when you appeal 2 times at federal court and both times it comes back remanded two times, are you going to lose again in front of the ALJ .
I wish I could get disability for my fibromyalgia some days I just can't move around.
I been watching your channel l was out for a year and a half I applied then they denied me then applied the second time and still waiting for a answer it 6 months still waiting for a answer you got one of the best channels on u tube thanks
_Thanks for the comment. Don't be surprised if you get turned down at reconsideration - it has the lowest rate of approval - around 13%. Hearing approvals are the highest rate (over 50%) and initial applications are the second highest (about 35%). My client's enjoy about an 85% win rate._
@@ssdattorney thanks for answering back
@@ssdattorneyyou really go out for your clients. And then you make videos too for us, thank you thank you ,MR. Ginsberg…
That is true you got to be out of work for you cuz I was I got back problems with I got SS I mean a spinal stenosis severe and DD was at DDD something like that or something like anyway anyway I'm trying for mine and I don't know I've been turned down twice so I'm going to talk to Laura I mean talk to you judge so I don't know
Great content always
_Thank you!_
Atty can you please tell us if it true that the rule is after 8 years of disability; then there will be NO MORE re-evaluation forever, is this true? About the 7th year, they tried to re-evaluate me; but by time limit, my case was closed as FULL DISABILITY. It is now my 11th year at SSDI. I like to know IF I should have had a lump sum that was NOT given to me? Thanks.
Good morning Sir, My brother in law is Disable and he started working uber since may 2022 to make the living because of the situation of the living now aday & he like it at least to help the family expenses, my Question is can he Stop his Disability Benefits without losing his mediate benefits ? Thanks
He can work part time and still get social security Benefits he can Recive Partial Benefits and he still will be able to get his Medical insurance but he can't work full time hours or he will have to pay back social security Administration for Over Payment From working full-time hours partial work is less than 32 hours a week I believe call social security Administration office and ask them the Questions explain that if someone receive SSDI and they start working How many hours can you work to still Recieve SSDI and still be able to get your Medicare/ Medicaid Medical insurance Good Luck let me know what they say
Just say it you you know the question you're asking is for you lol
@@MSD-ii2qeyou made me laugh 😹 that’s hilarious, ahahaha!
I am stage 4 cancer. Appointments are now every 3 months same medication and injection continues. Can I lost my disability in my 3rd years bc my appointments are every 3 months.
.
So if I retired in 2014 because I could not work anymore and have a 70% disability from the VA that came after I retired?
Mine has lasted 7 months, twice hospitalized and my doctor was the one that recommended me to go to disability. I don’t know what’s happening. I am 56 years and my conditions are covered.
Thanks for the informative video. Your videos have helped me. Thank you so much!
_You are so welcome!_
What if I have been out of work for a year and I am still waiting for hearing but might be able to return to work before the hearing. Would I still get at least back pay for not being able to work for over a year?
Highly unlikely. You would need to look at something like workman’s comp or unemployment. SSDI is specifically for those who are long term unable to work. in texas, they don’t even cover the first six months you were disabled.
Make sure you work under the SGA limit until you get a decision. If you can work over, you may screw yourself.
The only way you get back pay is being approved before you return back 2 work
Good luck with that
Yes you can convert your claim to a "closed period" if you return to work. You would still proceed with your hearing.
Thank you Jonathan,
I have my phone appointment with SSDI next week (they told me to just do it over the phone since I couldn't do it online).
My question is if I have C6 & C7 degeneration and neck bone marrow adema.
Do you think I will qualify?
Thank you 🙏
Great video
_Thanks!_
In may a c&p examiner wrote that my condition prevents me from working. At 69, I felt I had no choice but to retire once my pushed back on mu reasonable accommodation. Is this enough to start my SSDI clsim?
Make that 59.
Do you feel that a vocational experts evaluation report at a cost of $1,000 is reasonable? I see the value and think it is worth it. Really appreciate the knowledge you share via YT.
They’re going to have their own, so at most you’re offering the judge a second opinion that they don’t have to take.
I might pay half that, but they’d better have some good qualifications.
Gainful activity must make your income beyond poverty Gainful wages are about the local cost of living. Because your client is already earning or has only earned minimum wages, Gainful doesn't mean 8 hours of work, it means out of poverty.
Just clarifying that.
Under SSA rules, "substantial gainful activity" is assumed if you are earning $1,350 per month (gross) or more per month - see www.ssa.gov/oact/cola/sga.html. $1,350 per month is equal to $16,200 per year.
I can't think of too many places where $16,200 per year would cover even basic necessities. SGA is also assumed if you are performing activities roughly equal to full time work - like attending school or volunteering. In my opinion there is a disconnect between SGA and poverty.
They have a great line, “you can get a job as a ticket taker , at a movie theater”, what business is going to hire a disabled and have them do that. They’ll have you throwing out the trash, working at the snack counter on your feet for 6 hours because you’re part time. The people running the SSDI are smoking dope. When they give you that instead of an award on your case they’re making fun of you.
The Socialist Security Administration said that I can't get Disability due to I am over the age of 64 even though I was still working full time and Social security was still being taken out while I was collecting my Social security check at age 66 years old.
You were on SS? You are not a disabled worker.