What is the 12-Month Duration Rule for Social Security Disability?

What is the "12-Month Duration" requirement in your Social Security disability case?Show more

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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