If you have a disability that prevents you from working, you may be eligible to receive disability benefits from the Social Security Administration (SSA).
To help determine the length and duration of your disability, the SSA has established guidelines and regulations regarding when a period of disability begins and ends. Let’s take a closer look at § 404.321 of the SSA’s regulations to understand these guidelines.
When Does a Period of Disability Begin?
Your period of disability begins on the day your disability begins if you are insured for disability on that day. If you are not insured for disability on that day, your period of disability will begin on the first day of the first calendar quarter after your disability began in which you become insured for disability. Your period of disability may not begin after you have attained full retirement age as defined in § 404.409.
When Does a Period of Disability End?
The duration of your period of disability will depend on several factors, including when your disability began and ended, and if drug addiction or alcoholism was a contributing factor material to the determination of your disability. Here’s a breakdown of the guidelines based on the date your disability ended:
- Before December 1, 1980: Your period of disability ends on the last day of the month before the month in which you become 65 years old or, if earlier, the last day of the second month following the month in which your disability ended.
- After November 1980: Your period of disability ends with the close of whichever of the following is the earliest: the month before the month in which you attain full retirement age as defined in § 404.409, the month immediately preceding your termination month (§ 404.325), or the last month for which you received benefits if you perform substantial gainful activity during the reentitlement period described in § 404.1592a.
- When drug addiction or alcoholism is a contributing factor material to the determination of disability: Your entitlement to receive disability benefit payments ends the month following the month in which you have received a total of 36 months of disability benefits or your benefits have been suspended for 12 consecutive months because of your failure to comply with treatment requirements. For purposes other than payment of your disability benefits, your period of disability continues until the termination month as explained in § 404.325.
Overall, understanding the guidelines for when a period of disability begins and ends is important for anyone who is seeking or receiving disability benefits from the SSA. By working with the SSA and seeking out appropriate support and resources, individuals with disabilities can maximize their chances of receiving the assistance they need to manage their condition and maintain their financial security.
Here’s an example to help illustrate the key points covered:
Sara has been diagnosed with a debilitating autoimmune disease that has left her unable to work. She applies for and is granted disability benefits from the SSA, but after a few years of receiving benefits, she is informed that her period of disability is coming to an end.
Based on § 404.321 of the SSA’s regulations, the duration of Sara’s period of disability will depend on several factors, including when her disability began and ended. Since Sara became disabled before November 1980, her period of disability will end on the last day of the month before the month in which she turns 65 or, if earlier, the last day of the second month following the month in which her disability ended.
While Sara is grateful for the support she has received during her period of disability, she is anxious about how she will manage once her benefits come to an end. She decides to work with a social worker and disability advocate to explore her options for continuing to receive support and maintain her financial security.
Sara’s experience highlights the importance of understanding the guidelines for when a period of disability begins and ends. By staying informed and seeking out appropriate support and resources, individuals with disabilities can maximize their chances of receiving the assistance they need to manage their condition and maintain their financial stability.
*At Hugo Fierro & Michael Perez, we possess the expertise and proficiency to assist you in comprehending the intricate details of your social security disability claim. Our team is well-equipped to provide you with comprehensive guidance and support throughout the entirety of the claims process.