WHY YOUR DISABILITY MUST LAST 12 MONTHS OR MORE

Federal regulations do not provide for any short term disability benefits. Social Security defines "short term" as a condition that will keep the claimant out of work less than 12 straight months.

Let's say you have your gallbladder removed and there are some complications. Your doctor tells you not to go back to work for 3 or 4 months. Can you get Social Security disability? No, because you don't meet the 12 month duration requirement.

The question that must be resolved is this: Is it medically reasonable that your condition will prevent you from working for at least 12 consecutive months? If yes, you have a claim. If not, you will get a technical denial because you don't meet the published requirements for a Social Security disability claim.

Do you have to be off work for 12 months before filing a claim? No, absolutely not. You may file immediately but you have to show that your medical condition is expected to last for at least 12 months and it will keep you off work for that period. Often, a doctor's certification that you will be required to miss work for at least 12 months is enough.

So, just remember that medical impairments that are expected to last less than 12 months are not covered. The exception is--an impairment that which is expected to end in death. It would be covered regardless of the 12 month rule.

It's a good idea to talk to an attorney or disability advocate about your potential claim. Frankly, Social Security disability can be quite confusing. And, while friends, relatives or co-workers mean well, they can give you wrong information that will potentially cost you a lot of money and time. Talking to an expert is free and can give you a lot of guidance on the type of claim to file, when you should file it, and whether you meet the basic requirements.