Chalk Law Office

View Original

What Should You Know about the Social Security Disability 5-Year Rule?

Living with a disability can be an overwhelming experience, especially if it impairs your ability to work and earn a living. Fortunately, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) programs administered by the Social Security Administration (SSA) are here to help. While these programs can provide financial assistance to individuals with disabilities, qualifying for them can be a challenging and complicated process.

One crucial aspect of the SSDI program that you should be aware of is the Social Security Disability 5-Year Rule. In this article, we will discuss what it is, how it works, and what you need to know to qualify for SSDI benefits.

Understanding SSDI Benefits

SSDI is a federal program designed to provide monthly benefits to individuals with disabilities who have worked in jobs covered by the program and have earned the required amount of work credits. To be eligible for SSDI, you must have a medical condition that meets SSA’s disability definition, be unable to work for at least one year because of your disability, and have worked long enough and paid sufficient Social Security taxes to qualify for benefits.

The Social Security Disability 5-Year Rule

The Social Security Disability 5-Year Rule is a provision that allows individuals who have previously received disability benefits, stopped collecting those benefits, and become unable to work again within five years to skip the waiting period for receiving disability benefits. Put simply, the social security Administration will consider your previous work credits and medical condition, and you can potentially avoid the often-challenging process of reapplying for disability benefits.

To qualify under this rule, you must have worked for at least five years, accumulating 20 work credits over the years preceding your disability. The credits you’ve earned remain a part of your earning record, even if you change jobs or temporarily stop working.

Other Terms Related to the 5-Year Rule

Aside from the Social Security Disability 5-Year Rule, there are other important terms you need to know, such as:

Trial Work Period: This refers to the period where a person on SSDI benefits can try returning to work and still be considered disabled, sometimes lasting for nine months.

Extended Period of Eligibility: After your trial work period, you are entitled to a 36-month extended period of eligibility, during which SSA will continue to evaluate your work and earnings based on substantial gainful activity (SGA) levels.