If I Returned to Work, Could I Still Qualify for Disability Benefits?

If I Returned to Work, Could I Still Qualify for Disability Benefits?

Many people suffer a severe injury, or have a serious medical issue flare up which keeps them from being able to work for a period of time-and they may have even filed for Social Security Disability (SSDI) or Supplemental Security Income (SSI)-but fortunately their condition does improve and they do eventually return to work.  Understandably, many assume that if they have returned to work, they are no longer eligible for disability benefits-and we have had clients excitedly call to inform us that they are back at work and doing well and that they wish to drop their appeal.  They are surprised when we inform them that even though their condition has improved and they have returned to work-they still may have a claim for Social Security Disability benefits for what is termed a “Closed Period.”

What Is a Closed Period?

A closed period of disability refers to a situation where a person was disabled for a period of time due to a physical or mental condition, but their medical condition later improved to the point that they were able to return to work and engage in substantial gainful activity.

In other words, the disability had a beginning and an end.

Even though the person is no longer disabled, they may still qualify for disability benefits for the period of time during which they were unable to work.

What Must Be Proven for a Closed Period?

To receive Social Security Disability benefits for a closed period, you must show that:

• Your medical condition prevented you from working for at least 12 consecutive months, and
• During the period you were unable to engage in substantial gainful activity.

If those requirements are met, Social Security may award disability benefits covering the period during which you were unable to work.

Do Not Give Up on Your Claim

If you applied for Social Security Disability benefits but your condition improved during the appeal process and you were able to return to work, that does not necessarily mean your claim is over.

You may still qualify for a closed period of disability benefits for the time when your medical condition prevented you from working.

Understanding how these rules apply to your situation can make a significant difference in whether you receive the benefits you earned.

 

If you or someone you care for has recently been denied Social Security Disability benefits, or if you just have questions about your rights to disability benefits, please do not hesitate to contact and speak with one of the experienced  Social Security Disability Lawyers at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live. And remember, there is no fee unless you win.

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry and included in the list as one of the Mid-South’s Super Lawyers.

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Centreville, Brent, West Blocton, Woodstock, Brierfield, Lakeview and towns and cities in between.

If I Returned to Work, Could I Still Qualify for Disability Benefits?