MUST YOUR DISABILITY BE PERMANENT TO GET BENEFITS?

First, Social Security recognizes only one type of disability: Full and total disability. There are no degrees of disability, as there can be with some other agencies. You are either disabled or not disabled. In order to get an SSDI benefit, you must have a disability that last lasted or is expected to last for at least 12 straight months OR to end in death. A 12-month disability may not be "permanent," but it is certainly a long term disability. Any impairment not lasting 12 months (or expected to last 12 months) is not covered.

Here is the way I judge whether an impairment meets the 12-month rule: Is the condition likely to resolve or improve within 12 months to the point that the individual can return to full-time work of some kind? It may not necessarily be the type of work he or she was doing previously. If the claimant can return to any full-time job, even an easier or less demanding one, the disability has ended and there are no benefits. So, you must first prove the 12 month "Duration Requirement."

COVID-19 is not considered to be a disabling impairment because it usually does not disable a person for 12 straight months. Certainly, if there are severe complication, such as lung or heart damage, there can be exceptions. But most cases of COVID are not expected to last at least 12 consecutive months and, therefore, do not meet Social Security's definition of disability.

A few other misconceptions about SSDI:

1. If you are getting an SSDI benefit, you cannot have your benefit increased because your medical condition worsens. Remember, if you receive a benefit, you receive 100 percent of the benefit available to your. It's what I call the "all or none" rule. You are either disabled or not. If you are, you receive the maximum or full benefit. You cannot become "more disabled."

2. SSDI or Social Security Disability benefits are paid under Title 2 of the Social Security Act. SSI benefits, or Supplemental Security Income, are paid under Title 16 of the Act. These are totally different programs, with totally different benefits and different rules--especially with regard to the claimant's income and financial standing. The two programs are easily confused and can cause havoc in trying to understand the programs. I recommend you find out if you are getting (or applying for) Title 2 benefits or Title 16 benefits, then find out what the rules are for the particular program the applies to you. Trying to Apply SSI rules to SSDI, or vice versa, is maddening and will drive you to despair.

5 Differences Between SSDI and SSI Benefits

* You don't need a work history to qualify for SSI but you do for SSDI.

* There are no income or financial limits with SSDI but there are with SSI.

* The maximum benefit for SSI is $783 per month, but it is $3,011 for SSDI

* There is a 5-month waiting period for SSDI benefits, but none for SSI.

* SSDI comes with Medicare (after a waiting period) but SSI comes with Medicaid.

* The medical qualifications for SSDI and SSI are basically the same; if you meet the definition of "disability" under SSI, you meet it for SSDI as well. It's the financial qualifications that differ between the 2 programs.