When most people think about Social Security Disability (SSD) benefits, they often imagine receiving ongoing monthly payments for the foreseeable future. However, what if your disability was severe enough to prevent you from working for a period of time but eventually improved, allowing you to return to work? In such cases, pursuing a closed period of disability may be the right option.
What is a Closed Period of Disability?
A closed period of disability refers to a specific time frame during which an individual was unable to work due to a disabling condition. To qualify, you must have:
A medically determinable impairment that lasted (or was expected to last) at least 12 consecutive months or resulted in death.
Been unable to perform substantial gainful activity (SGA) during that time.
Unlike ongoing disability benefits, a closed period ends when the individual either medically recovers or returns to work at the SGA level.
Why Pursue a Closed Period?
A closed period may be ideal for individuals who experienced temporary but severe medical conditions, such as recovering from major surgeries, cancer treatments, or in the case of one of my recent clients, multiple sclerosis (MS). After about 1.5 years of treatment and recovery, my client was able to return to work. During her time of disability, however, she faced significant financial and medical challenges, making the pursuit of a closed period essential for addressing those gaps.
How to Prove a Closed Period of Disability
When pursuing a closed period, the process mirrors that of a standard SSD case but requires careful attention to specific dates and timelines.
1. Document the Start and End of the Disability Period
Gather medical evidence showing when your condition became disabling.
Highlight when you returned to work or when medical improvement occurred.
2. Provide Comprehensive Medical Records
Medical records should demonstrate the severity of your condition, treatment history, and the duration of impairment.
This evidence must clearly show that your condition met Social Security's definition of disability during the closed period.
3. Explain the Return to Work
Returning to work after a period of disability can be viewed positively by an Administrative Law Judge (ALJ). It shows your commitment to self-sufficiency once your health improved.
4. Focus on Key Dates During the Hearing
Be prepared to discuss why you were unable to work during the closed period and how your condition improved or stabilized.
Benefits of a Closed Period
Even if you have returned to work, pursuing a closed period can provide financial relief. A successful claim may result in:
Retroactive payments for the months you were unable to work, minus any applicable waiting periods.
Additional resources to help recover financially from medical bills, lost income, and other expenses incurred during the disability period.
Challenges to Be Aware Of
While closed period claims can be successful, there are some challenges:
Proving the Duration: Medical records must substantiate the full duration of your disability.
Judge’s Discretion: Judges may be cautious about approving benefits if they believe your condition was borderline or if work activity during the claimed period casts doubt on your inability to perform SGA.
Final Thoughts
A closed period of disability can be a lifeline for those who faced significant hardships during a time when they were unable to work but have since recovered. If you believe you may qualify for a closed period, it’s crucial to work with an experienced Social Security disability attorney who can help gather evidence, navigate the complexities of the hearing, and advocate on your behalf.
If you or someone you know is pursuing a closed period of disability, contact our office for a free consultation. We’re here to help you every step of the way.
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