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Recent Questions

SSDRC Disability Blog

Will the Medical Rules for Receiving Disability Grant Benefits for Short Term Social Security or SSI?




 
Technically, no. That's because the social security definition of disability assumes that for a person to receive a social security disability or SSI award, their condition must be long lasting.

It is not written in stone that the condition must be absolutely permanent. And this is evident in the fact that SSA will conduct a review of a claim every few years. The purpose of a disability review, of course, is to A) See if the individual has experienced medical improvement in their condition, be it mental or physical and B) Subsequent to any improvement they may have experienced, check to see if they still meet the qualifications for disability.

However, even though the social security administration assumes that a condition may potentially improve over time, disability benefits are granted under the implicit notion that a person's condition is severe enough that they may, in fact, never return to work activity.

The actual defintition of disability used by SSA makes clear that a person's state of disability must be severe enough that it lasts for one full year. Conditions that are severe enough to satisfy all other facts of the social security definition of disability (meaning that they impose enough physical and mental restrictions that an individual no longer has the ability to work and earn a substantial and gainful income), but do not last a full 12 months time--meaning that they will be considered to have improved--will be be denied on the basis of "duration".

To recap, SSI and SSD benefits cannot be awarded when a disabling condition does not last for at least a full year. Having said this, though, when a case is decided by a social security judge at a disability hearing, it is possible for the judge to award a lump sum payment for what is known as a closed period. A closed period is a less-than-12-month time period in which the person may have been fully disabled according to the rules and regulations of the social security administration.

A closed period cannot be awarded at the first two levels of the disability system and can only be awarded by an Administrative law judge, or ALJ, at a social security hearing. Very few claimants who go to hearings unrepresented, however, will know that such a request can be made and this helps to undescore the value of having social security representation in the form of a disability lawyer or disability representative.








Return to:  Social Security Disability Resource Center, or read answers to Questions








Related pages:

Can you get temporary Social Security disability or SSI benefits?
You can qualify for disability based on epilepsy in two separate ways
Filing an Application for Disability Benefits under SSD or SSI
How to update your Social Security Disability or SSI claim
Can you get Social Security Disability or SSI for a short period of time, i.e. Temporary Disability?



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria