Some people we meet with are doubting if they should even apply for disability benefits because they hope and plan to return to work some day. It is important to discuss each unique case with a lawyer, but here is our general advice for people considering putting in an application for disability benefits with a hope to return to work eventually.
For individuals with a catastrophic injury or a serious illness that prevents them from working for at least a year, I typically encourage them to apply for disability benefits as soon as possible. Because we can’t see the future, it is smart to put in an application for disability benefits within a year of the serious injury or diagnosis. In the future, you can withdraw the application if your health improves and you can return to work. Or you can ask for a closed period of benefits for the time you were unable to work. It is not in a person’s best interest to wait until they have been out of work for two or three years before they put in an application for disability benefits.
For individuals who have a less serious illness or injury that will keep them out of the workforce for a few months or up to a year, it is probably not a good use of your time and the government’s resources to submit an application for disability benefits. This is because Social Security is only available to individuals who have an impairment that is expected to result in death, or has lasted (or be expected to last) for at least 12 months.
As I noted above, it is important to discuss your specific situation with a local social security attorney, as this advice may shift depending on your unique circumstances.
Author: Melissa Haggerty