Social Security-Is There a Problem with Filing If Your Disability May Not Be Permanent

Indianapolis Social Security AttorneyThe Short answer is no.  First, your disability does not have to be permanent to receive Social Security Disability Benefits.  The standard used by the Social Security Administration to determine one’s eligibility for Disability Benefits is whether the disabling condition is likely to last more than 12 months.  If your condition is expected to last more than 12 months, but may resolve at a later date, then I suggest that you file at your earliest possible opportunity.

What happens if you do not know whether your disabling condition is expected to last 12 months.  Say for example you are injured in a drunk driving  car accident, and have serious personal injury.  You might even need surgery.  However, the doctors are telling you that if all goes as hoped you should be up and around in 10 -12 months?  Should you wait to file?  No file right away.  The reason is because the doctors are basing their opinions on the hope that all goes as hoped for.  Unfortunately, recoveries do not always go that route.  Sometimes the recovery is delayed by infection, and other medical complications.  Sometimes the recovery just does not reach the level hoped for.   There is no penalty for filing for benefits under these circumstances.  If you do recover as hoped for you simply dismiss your claim when you return to work.  However, if you cannot return to work, your application will have already clear several administrative hurdles, making a determination by an administrative law judge sooner.

If you have been injured in an automobile collision, or in a construction accident, or suffer and injury or condition that is causing you to be disabled, and you have a question about filing for Social Security Disability, call a lawyer and find out your rights and obligations early.

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