Gardberg & Kemmerly, P.C. Attorneys at Law

Frequently Asked Questions: Can I get Temporary Social Security Disability?

Frequently Asked Questions:

Can I get Temporary Social Security Disability?

The short answer to this question would be no, the Social Security Administration (SSA) does not offer temporary disability. Under SSA's rules, in order to meet the definition of disability, an individual must not be able to engage in any substantial gainful activity because of a medically-determinable physical or mental impairment that is expected to result in death, or that has lasted or is expected to last for a continuous period of at least 12 months. In order to qualify for disability, an individual has to be disabled for 12 months or the individual is expected to be disabled for at least 12 months. Social Security disability is not a short term disability program.

However, there is what is called a "closed period" of disability. A closed period of disability benefits is available for a Claimant who is found to be ineligible for ongoing benefits but can receive benefits for a period of time in the past when they were considered to be disabled. In order to qualify for a closed period, the disability must have lasted at least 12 months. The date a Claimant is unable to work opens the closed period and the date a Claimant is able to return to work closes the period.

Given the lengthy wait time for a hearing before an Administrative Law Judge, most Claimants wait 15 months or more after having been denied at the initial level. At the hearing, an Administrative Law Judge may find that the Claimant's condition has significantly improved since he or she first filed for benefits. The Administrative Law Judge could then deny the Claimant for ongoing disability benefits, but could award past-due benefits for a closed period if the period has lasted or exceeded 12 months.

For more information on a closed period of disability, contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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