HOW TO WIN A CLOSED PERIOD OF SSDI BENEFITS
WHAT IS A CLOSED PERIOD OF DISABILITY BENEFITS?
A “closed period” of SSD benefits is what it sounds like: it is an award of disability benefits for a period of time. That period of time has a beginning and an end. The beginning date is your onset date of disability. Similarly, the end date is either when you were able to return to work or when you reached full retirement age. Typically, to get a closed period, you must return to work at the substantial gainful activity level.
The SSA may approve a closed period when your medical condition prevents you from working. However, your health later improves enough for you to return to work. For example, you may develop a serious medical condition in January 2023. Your condition prevents you from working for two years. Then, your health improves after treatment. Because you are better, you return to work in January 2025. The SSA may decide you qualify for SSDI benefits during those two years.
If you are no longer disabled when your case reaches a hearing, then the SSA can award benefits for a period of time in the past. So, if you file an application for benefits and then return to work, you might qualify for a closed period of SSD benefits. However, you would have had to be off work for at least one year. Not many people are aware that the SSA offers a closed period of benefits. Therefore, if you think you might qualify, then you should request that the SSA award you a closed period.
HOW LONG CAN A CLOSED PERIOD LAST?
There’s no statutory limit on closed periods of disability, only a minimum period of one year. The SSA defines the end date of a closed period as the date when you became able to work. Therefore, when the medical evidence shows improvement that will be the end date of the closed period.
A closed period must last at least 12 months. The SSA does not consider a short term illness a disability under its basic rules. Your medical condition must last at least 12 months or it must be expected to last at least 12 months.
The length of the closed period depends on your medical evidence. Your records must show when your condition becomes severe enough to prevent work. Then, they must also show when your condition improves enough for you to return to work. Obviously, a return to work can demonstrate that your disability has ended. But the medical evidence must also support that finding. Because many people return to work and shortly discover they cannot sustain a full time schedule due to their medical symptoms.
CAN YOU RECEIVE SSDI AFTER RETURNING TO WORK?
Yes, you may receive SSDI for a closed period after returning to work. Your return to work does not automatically mean you never qualify for SSD benefits. Instead, the SSA reviews your medical condition during the period when you cannot work.
For example, cancer treatment may prevent you from working for 16 months. After your treatment ends, your condition may improve enough for you to return to your job. The SSA may still find that you qualify for SSDI during the 16 months when you could not work.
However, SSDI includes a five month waiting period. Generally, you do not receive SSDI benefits during the first five full months of disability. Therefore, if the SSA finds that your disability lasts 16 months, the waiting period may reduce your payable benefits. The waiting period reduces your back pay. Unfortunately, until Congress changes the 5 month waiting period rule, everyone who qualifies for benefits must wait 5 months for benefits. An SSD lawyer can review your dates and explain how the waiting period affects your potential benefits.
WHAT IS THE DIFFERENCE BETWEEN SSDI AND SSI CLOSED PERIOD BENEFITS?
The SSA provides two main types of disability benefits. These programs are SSDI and SSI. SSDI is based on your work history and Social Security taxes. SSI is a needs based program that considers your income and resources.
Both programs can provide benefits for a closed period. However, the program rules differ. Therefore, you should understand which program applies to your claim: Social Security Disability Insurance and Supplemental Security Income. Eligibility for SSDI is based on your employment history and how much you’ve paid into the program by way of payroll taxes, while SSI is a needs based benefit available to people with limited income and assets. While the agency approves closed periods for both SSDI and SSI, the payment rules differ between the programs.
CLOSED PERIOD OF SSI BENEFITS
If you’re awarded a closed period of SSI benefits, you will receive SSI benefits from the date of approval to the date of improvement. However, SSI benefits do not go back in time prior to the date of application. Therefore, if you file for SSI benefits on June 1, 2025 and the SSA finds you are disabled as of that date, then that is the date your money begins.
CLOSED PERIOD OF SSDI BENEFITS
If you’re awarded a closed period of SSDI benefits, then you’re subject to a five month waiting period during which you can’t receive SSDI. In other words, five months of SSDI benefits will begin from the onset date. Keep in mind that SSDI benefits can pay back one year prior to the date of application, as long as you were not working. Therefore, if the five month waiting period occurs prior to the beginning of your onset date, it may not impact you. Consider this example:
You file for SSDI benefits on June 1, 2026. You allege your disability began on November 1, 2024. One year prior to June 1, 2026 is June 1, 2025. You can be paid benefits from June 1, 2025 to the present as long as the SSA believes you were disabled. If the SSA finds your disability began on November 1, 2024, then the five month waiting period does not impact your past due benefits, because it occurred prior to June 1, 2025. Therefore, you will receive past due benefits as of June 1, 2025.
IS A CLOSED PERIOD OF DISABILITY EASIER TO WIN?
A closed period is usually easier to prove than ongoing disability. However, the same basic rules still apply. You must show that your medical condition prevents substantial gainful activity and you musts be off work for at least one year.
The SSA may view a closed period easier to grant than ongoing benefits, because they do not need to pay benefits until you reach age 67. However, this does not mean they will automatically approve a closed period for you.
You must still prove every element of the five step review process through medical records. Your records must show how severe your condition is. They must also show how it affects your ability to work. To receive a closed period of benefits, your records should also show when your condition improves.
However, a return to work may support your claim. For example, you may stop working because of a serious medical condition. You may remain unable to work for two years. Then, your treatment improves your condition enough for you to return to your previous job. This evidence may support your claim that you deserve a closed period. However, returning to work does not automatically prove that you qualify. The SSA still reviews your medical records, work history, and all other evidence.
HOW TO APPLY FOR A CLOSED PERIOD OF BENEFITS
Filing an application for a closed period of SSDI or SSI is the same as filing for ongoing benefits. However, you will need to file within 14 months after your disability ends to qualify for a closed period. Although if you miss the deadline due to a mental or physical condition, then you might have an extended deadline of up to 36 months.
There are several ways to file your SSDI or SSI application:
- File your claim for benefits on Social Security’s website.
- Apply over the phone by calling Social Security at 800-772-1213 during business hours from Monday through Friday.
- Schedule an appointment with your local Social Security office and file in person.
Don’t wait to file your application for benefits. Even a closed period of disability helps protect your SSDI insured status. It can also increase your potential future retirement or SSDI benefits by placing a disability freeze on your earnings record. This means that you will protect your earning years and benefit amount. You should apply as soon as possible for disability benefits. Waiting can create problems with your claim. It can also make medical evidence harder to obtain.
CAN YOU APPEAL THE AWARD OF A CLOSED PERIOD OF BENEFITS?
Yes, you can always appeal the SSA’s decision. You have the right to appeal the determination if you disagree with the SSA. That’s true whether you filed for a closed period of disability or you filed for ongoing benefits. You can also appeal a partially favorable decision. Many people don’t want a closed period of benefits, but that is what the judge awards them after a hearing.
You have the right to appeal a partially favorable decision. For example, if the judge decides your health has improved and gives you a closed period, you can appeal. But, you must keep in mind that if you decide to appeal, the SSA will review the entire determination. That means they review everything, including the award of benefits. Therefore, they can decide that the judge should have never awarded you any benefits and take them away.
Therefore, there is a chance the SSA will your closed period and decide you were never disabled after all. Before you appeal, make sure you are willing to lose the benefits that you were already given by the SSA.
WHAT MEDICAL EVIDENCE PROVES A CLOSED PERIOD OF DISABILITY?
Medical evidence is the most important evidence in a closed period claim. Your records must support the period when your condition began. Your records should show your symptoms, diagnoses, treatment, and limitations. Most importantly, your records should explain how your condition affects your ability to work.
For example, your condition may prevent you from standing, walking, lifting, sitting, or using your hands. A mental health condition may affect your concentration, memory, social interaction, or ability to maintain regular attendance. Important evidence includes doctor visits, hospital records, emergency room records, imaging studies, lab tests, and physical therapy records. Mental health treatment records and medication records are also important evidence.
A diagnosis alone does not prove disability. The SSA needs to understand how your condition affects your ability to perform work activities. Therefore, your medical records should connect your diagnosis to specific functional limitations. Those limits must prove that you cannot work at any job.
WHAT HAPPENS WHEN YOUR CONDITION IMPROVES?
Medical improvement can end a closed period of disability. However, your condition does not need to disappear completely. The important question is whether your condition improves enough for you to be able to work.
For example, you may continue to experience back pain after treatment. However, your treatment may improve your condition enough for you to sit during an eight hour work day. The SSA may determine that your disability ends to award a closed period. Once the SSA closes the period, they will pay you for two months beyond that date. All closed periods come with an additional two months of benefits after the period closes.
Your medical records should show improvement. You can submit evidence from your doctor, including physical exams which show improved symptoms. Test results can also show improvement. Even your return to work may provide additional evidence. However, the SSA must still determine when you become capable of returning to work. That date may occur before or after your actual return to work date. The evidence determines the result.
WHAT IF YOU RETURN TO WORK BUT YOU CAN’T KEEP WORKING?
Returning to work does not always mean that your disability ends. You may attempt to return to work but struggle to continue. Your medical condition may cause you to miss work or leave the job.
The SSA may consider whether your work attempt qualifies as an unsuccessful work attempt. The rules depend on the length and circumstances of your work. Your medical condition must also affect your ability to continue working. For example, you may return to work after surgery. Your symptoms may then become worse. Because of ongoing pain, you may miss many days of work and eventually stop working again.
Your employer records may provide useful evidence to prove you cannot work. Your medical records should also show what happened after you returned to work. If you document the problems that occur after your return, then you may be able to prove that you deserve ongoing SSD benefits.
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If you need help filing for SSD benefits, then call our SSD law firm. We offer a free review of your case. When you call us explain your situation. At that point, we will look at the merits of your case. Next, we let you know if you have a chance to win SSD benefits. We do not charge you for our review of your case.
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The SSA benefit process can be long and complex. Hire our SSD law firm to give you legal advice and walk you through the application process. In over 30 years, we have won millions of dollars in benefits for our clients. We try to give each client the personal care they deserve.
If you need SSD benefits, then hire an attorney with the legal experience to win. If you don’t win, then you don’t pay an attorney fee. Hiring an attorney with legal experience in SSD law triples your chances of winning benefits. For help, contact us.
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You can trust us to help you win benefits. Hire the best disability law firm to win your closed period of benefits. We will do everything we can to make the process of winning SSD benefits as easy as possible for you.