A common misconception among some Social Security claimants is that in order to receive benefits one must be "permanently disabled." Conversely, some recipients believe that once they are deemed "disabled" by the Social Security Administration, they are considered "permanently disabled." While many medical conditions may very well be permanent, a determination by the Administration does not guarantee lifetime eligibility. The ramifications of this fact are significant. In this, the first part in a series, I will discuss "temporary" disability and the availability of benefits for those who are out of work due to a medical condition but have every intention of returning to work at some point in the future.
Frequently, people become unable to work because of an injury, be it work-related or not. Often, the road to recovery involves surgical intervention. Depending on the nature and severity of the injury, it is perfectly reasonable that an individual will be unable to work until sometime after surgery and post-operative treatment is completed.
Social Security's regulations say that a claimant for benefits may be eligible if his or her medical condition will prevent him or her from working for a period of at least twelve months. Eligibility can also be found if that medical condition can be expected to prevent one from working for at least twelve months. A treating physician is generally the best person to determine the duration, or anticipation duration, of a disabling medical condition.
Those individuals who may anticipate a return to work following the onset of a disability should absolutely consult with a Social Security Disability attorney. That attorney will be in the best position to advise you as to your options. "Closed periods" of disability may very well be awarded to cover a claimant for only the actual time lost, assuming it is at least twelve months. As such, an anticipated return to the workforce should not act as a bar to an inquiry into eligibility for Social Security Disability benefits.
Brian Anson
