How long do you have to be out of work to apply for disability

Dealing with a disability or life-threatening illness can be hard enough without having to worry about your financial stability. Thankfully, there are some support systems in place such as Social Security disability benefits to help you deal with such a scenario. However, obtaining disability benefits can be a complicated and confusing process with a lot of misinformation, which is why Second Chance Lawyer Merryl Jones is here to help.

There are a few things you need to know if you’re considering filing a claim for Social Security disability benefits.

Work & Disability Benefits

When many people begin researching whether they qualify for Social Security disability benefits, one of the first questions that will arise is: do I need to quit my current job in order to obtain benefits? The short answer is no! This is a common misconception that simply isn’t true.

However, there are limits put in place by the Social Security Administration as to how much you can gross per month and still apply. These limits are known as Substantial Gainful Activity and  increase annually typically keeping up with the cost of inflation.  Further, if you are still working full time with no special accommodations, then this is likely to harm your chances of getting approved.

Exceptions to the Substantial Gainful Activity Income limit rule

There are always exceptions to every rule and the Social Security Administration is no different. If you can prove you are being paid more than the value of your work under certain special circumstances or you can prove a portion of your income is being spent on medical expenses incurred for you to be able to work, then you could possibly gross more than Substantial Gainful Activity Income limits and still file for Social Security disability benefits. Therefore, it is best to have an attorney who understands these exceptions to the rule and can ensure the facts of each case are presented with the best chance of receiving eligible benefits rather than being arbitrarily denied based on standard limits.

Let us help you get the disability benefits you deserve in Waco/Temple!

If you need to file a claim or an appeal, Second Chance Lawyer can help you get the financial benefits you deserve. To learn more, contact us online today or call (254) 776-3611 (Waco) or (254) 493-0345 (Temple).

That depends on your age when you become disabled. People younger than 24 years old may qualify for Social Security Disability Insurance (SSDI) with as little as a year and a half of work under their belts, but the threshold rises with age.

As with retirement benefits, qualification for SSDI is measured in Social Security credits. You acquire credits for paying Social Security taxes on your work income. In 2022, you get one credit for each $1,510 you earn in such “covered” employment (or self-employment), up to a maximum of four credits per year (for $6,040 or more in earnings). The credit amount is automatically adjusted annually to reflect national wage trends.

For retirement benefits, the equation is simple: You qualify at 40 credits, or 10 years of working and paying Social Security taxes. While the 10 years don't have to be consecutive, most workers reach that baseline well before they turn 62, the minimum age to draw retirement benefits.

But disability — defined as a medical condition severe enough to prevent you from working for at least a year or likely to result in death — can strike at any age. In recognition of that, Social Security developed a sliding scale for SSDI. To be “insured,” as Social Security calls people who meet the work requirements to get benefits, you must meet two age- and employment-related qualifications.

The recent work test

First, you must have worked at least semiregularly in the period leading up to your disability. This requirement changes with age:

• If you become disabled in or before the calendar quarter in which you turn 24, you must have earned at least six credits (equivalent to a year and a half of work) in the prior three years to pass the recent work test.
• Between the ages of 24 and 31, you must have spent at least half the time since turning 21 in covered work. For example, if you became disabled in the quarter when you turned 29, you will need to have earned 16 credits (worked four years) in the previous eight years.
• Beyond age 31, the test is five years (20 credits) of work in the decade immediately before you became disabled.

The duration of work test

In addition to satisfying the recent work requirement, you must have collected a certain number of credits over your whole working life to qualify for SSDI.

If you are younger than 28, the duration test is six credits, or a year and a half of work. After that, it roughly follows a formula: You must have at least as many credits as the number of years since you turned 22.

So if you become disabled at 30, you need to have worked for at least 2 years total (eight credits). At 40, it's 4.5 years (18 credits); at 50, 7 years (28 credits); at 60, 9.5 years (38 credits).

Once you have 40 credits, you pass the duration test no matter your age. But in most cases, you still must have done some of that work in recent years to get SSDI.

Neither test applies to Supplemental Security Income (SSI), the other disability benefit administered by Social Security. SSI is a needs-based benefit that is not funded by Social Security taxes. You can qualify for it as a disabled person regardless of your work history, if you meet the medical criteria and have limited income and assets.

Updated December 29, 2021

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