If you wish to qualify for a disability benefit you should expect to be out of work for at least 12 months as a result of the diagnosis of your medical condition that has caused your disability. However, this doesn’t stop you from submitting a disability benefit claim if you have just been diagnosed with a medical condition which you know will stop you working for the next 12 months. You only need to be able to provide medical evidence that your medical condition is so severe that you will be unable to work for at least 12 months.
How Long Do I Have to Be Out of Work to Apply for a Disability Benefit?
Even though you should expect to be unable to work for at least 12 months this doesn’t mean you have to be disabled for that length of time before applying for a Social Security Disability Insurance (SSDI) benefit or a SSI disability benefit.
You are entitled to apply for SSDI or SSI benefit as soon as you are unable to earn a substantial gain from employment. The amount you can earn in 2021 is $1,310 per month. For example, if you have recently been diagnosed with terminal cancer and have been unable to work for 2 months you can still submit an application for disability benefits.
Do I Need To Stop Working to Apply For Benefits?
If you are making more than the substantial gainful activity (SGA) amount of $1310 monthly while working, then you will need to quit your job to qualify for a disability benefit. It may still be difficult to qualify for a disability benefit as you have shown you are able to work. The SSA uses your lack of ability to work due to your disability as a reason to grant a benefit.
Can I Qualify for a Disability Benefit If I’ve Never Worked?
If you have never worked, you can still qualify to receive a disability benefit through the Supplemental Security Income (SSI) process. This benefit is based on your level of need so those who normally qualify are typically poor and disabled people who have never worked.
Before you are approved for SSI, the Social Security Administration (SSA) will assess the resources you have which includes both your income and assets. A single person with a disability submitting an SSI claim must have $2,000 or less in resources in order to be eligible. If a couple is involved in the claim the value of income and resources must not exceed $3,000.
If you own your own home the value of this isn’t included in your assessment for SSI. Also the highest value vehicle you own is exempt from the resource calculation too. The SSA takes into account whether you have a 401k retirement plan, bank accounts, land you own and stock holdings.
How Long Will I Have Had to Work to Qualify For a Disability Benefit?
If your income and assets tests exceed the threshold for eligibility for SSI, as long as you have worked you may still qualify for SSDI. For this you will need to have accumulated a certain number of work credits and have worked in about 5 of the last 10 years. To qualify for the SSDI program, you need to have worked several years in a job where you were required to pay Social Security taxes (FICA).
The number of work credits you require to qualify for SSDI benefits depends on your age when you became disabled. For example, if you are 50 years old when you were diagnosed with a medical condition that has caused a disability you will require 28 work credits, which means you will have worked for 7 years with at least five of them within the last 10 years.
You also need to have been diagnosed with a medical condition that meets the SSA's definition of a disability which means you have a severe, long-term, total disability which is expected to last for at least 12 months. The severity of your condition must stop you from working in "substantial gainful activity" (SGA) for at least one year.
If despite your disability you are still working and you are earning at least 1,310 per month in 2021 for those applicants who are disabled and, $2,190 for those who are blind, the SSA will determine that you are involved in SGA and that your disability isn’t severe enough to be eligible for SSDI benefits.
As soon as you have been approved for disability benefits, you can’t expect to receive SSDI benefits until you have been disabled for five months. This is because a SSDI benefits has a 5 month waiting period. For example, if you are approved immediately due to a heart transplant, you would are still expected to wait 5 months for your payments to begin.
You can qualify for SSDI for as long as your medical condition continues to stop you from working. The SSA will undertake a continuing disability review (CDR) every 1 to 3 years to determine if medical condition has improved and you are no longer disabled. If this happens you will be denied further SSDI payments.
Get Connected With an Attorney
A lawyer may be able to help you determine if you’ll be out of work long enough to qualify for SSDI benefits. The attorney can help you gather together your work records and help you calculate the number of work credits you have accumulated while you have been working. Get a Free Case Evaluation Today.
