Here's a question from our mailbag this week:
Let's say that Clem Claimant hurt his back at work and had to stop working for back surgery. Let's say he stopped working on June 1, 2011 and recovered, then he began working again on July 1, 2012. Since Clem was off work for the required 12 months minimum, he could seek benefits beginning June 1, 2011 and ending June 30, 2012. If approved, he would receive back pay for the 13 months - minus the 5 month waiting period. (In this example he would actually receive pay for 8 months, 13 months minus the 5 months).
Since Clem has gone back to work full-time, he will not be eligible for any continuing benefits. His disability period "closed" when he began working again.
I have handled many hearings for claimants with closed period disability cases. If there is medical evidence of a legitimate injury or illness that was severe enough to require the claimant to be off work, most judges have no problem approving a "closed period" of benefits. One issue that may arise in this type of case is: Does the claimant have transferable skills that would have permitted him to have performed any other (easier) work while he was off his regular job? (If he could have performed some other type of work, based on his age, education and past relevant work experience, he may be found "not disabled" during the period in question).
__________________
By Charles W. Forsythe
The Forsythe Firm
Social Security Disability Representatives
Huntsville, AL
(256) 799-0297 See Our Disability Website for More Free Info.
Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits. To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court. Learn more about NOSSCR here.
I hear people speak of a "closed period" disability claim with Social Security. What is that?"
A "closed period" of disability simply means that the disability began on a certain date and ended on a certain date. A closed period could award back pay for a disability that was in the past but would award no future or continuing benefits.Let's say that Clem Claimant hurt his back at work and had to stop working for back surgery. Let's say he stopped working on June 1, 2011 and recovered, then he began working again on July 1, 2012. Since Clem was off work for the required 12 months minimum, he could seek benefits beginning June 1, 2011 and ending June 30, 2012. If approved, he would receive back pay for the 13 months - minus the 5 month waiting period. (In this example he would actually receive pay for 8 months, 13 months minus the 5 months).
Since Clem has gone back to work full-time, he will not be eligible for any continuing benefits. His disability period "closed" when he began working again.
I have handled many hearings for claimants with closed period disability cases. If there is medical evidence of a legitimate injury or illness that was severe enough to require the claimant to be off work, most judges have no problem approving a "closed period" of benefits. One issue that may arise in this type of case is: Does the claimant have transferable skills that would have permitted him to have performed any other (easier) work while he was off his regular job? (If he could have performed some other type of work, based on his age, education and past relevant work experience, he may be found "not disabled" during the period in question).
__________________
By Charles W. Forsythe
The Forsythe Firm
Social Security Disability Representatives
Huntsville, AL
(256) 799-0297 See Our Disability Website for More Free Info.
Established in 1979, the National Organization of Social Security Claimant's Representatives (NOSSCR) is a professional association of over 4,000 attorneys and other advocates who help individuals with disabilities obtain Social Security and Supplemental Security Income benefits. To be eligible for disability benefits, individuals must be unable to engage in "substantial gainful activity" because of a medically determinable physical or mental impairment which can be expected to result in death or has lasted for at least 12 months. NOSSCR members represent these individuals with disabilities in legal proceedings before the Social Security Administration and in federal court. Learn more about NOSSCR here.
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