Who Is Entitled to a Period of Disability? § 404.320

If you become disabled and are unable to work, you may be entitled to receive disability benefits from the Social Security Administration (SSA).

However, even if you do not qualify for disability benefits, you may still be entitled to a period of disability. Let’s take a closer look at the key details outlined in § 404.320 of the SSA’s regulations.

What is a Period of Disability?

A period of disability is a continuous period of time during which you are disabled. If we establish a period of disability for you, the months in that period of time will not be counted in figuring your average earnings. Additionally, if benefits payable on your earnings record would be denied or reduced because of a period of disability, the period of disability will not be taken into consideration.

Who is Entitled to a Period of Disability?

You are entitled to a period of disability if you meet all of the following conditions:

1. You have or had a disability as defined in § 404.1505.
2. You are insured for disability, as defined in § 404.130 in the calendar quarter in which you became disabled, or in a later calendar quarter in which you were disabled.
3. You file an application while disabled, or no later than 12 months after the month in which your period of disability ended. If you were unable to apply within the 12-month period after your period of disability ended because of a physical or mental condition, you may apply not more than 36 months after the month your disability ended.
4. At least 5 consecutive months go by from the month in which your period of disability begins and before the month in which it would end.

In summary, even if you do not qualify for disability benefits, you may still be entitled to a period of disability if you meet the above conditions. By filing an application and having your disability established, you can potentially receive additional support and benefits, while also having the months in your period of disability excluded from your average earnings calculation. If you have any questions or concerns about your eligibility or entitlement to a period of disability, it’s recommended that you contact the SSA directly or speak with a qualified legal representative.

https://www.ssa.gov/OP_Home/cfr20/404/404-0320.htm

Here’s an example to help illustrate the key points covered:

John has been unable to work due to a serious back injury and decides to apply for disability benefits through the SSA. After undergoing a medical evaluation and submitting his application, John is deemed ineligible for disability benefits due to not meeting the required work credits.

However, John learns that he may still be entitled to a period of disability. He applies to have the SSA establish his period of disability, even though he is not eligible for disability benefits. After reviewing his medical records and determining that he meets the conditions outlined in § 404.320, the SSA establishes a period of disability for John.

As a result of the established period of disability, the months in that period of time will not be counted in figuring John’s average earnings. Additionally, any benefits payable on John’s earnings record would not be denied or reduced because of the period of disability.

Overall, John’s experience highlights the importance of understanding your eligibility and entitlement to a period of disability, even if you do not meet the requirements for disability benefits. 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.