What happens to your Social Security case if your condition improves and you can go back to work? If your disability meets the “durational requirement,” you may still qualify for a closed period of disability and still be entitled to Social Security disability benefits.
Most claims for Social Security disability benefits ask for an “open” period of disability: you are disabled now and for the foreseeable future.
A closed period of disability has a definite beginning and ending date for your disability, and has to last at least 12 months. In a closed period of disability case, the date your became unable to work (or your alleged onset date) “opens” the period of disability, and the date you became able to work “closes” the period of disability.
For example:
- The doctors finally got the right dosage of anti-seizure medication and you have been seizure free for 6 months. You had your driver’s license reinstated and can go back to work.
- You have healed from your back surgery and can return to full time, but lighter duty, work.
- With therapy and counseling, your anxiety disorder is controlled and you have gotten your degree and are looking for work.
If you qualify for a closed period of disability, you may still be able to get benefits during the closed period. So, if your condition has improved and you have gone back to work, don’t just drop your case, or you may be giving up on benefits you are entitled to!
However, don’t forget the five month waiting period. I have had a number of clients who have gone back to work after a 12 month disability, but due to the 5 month waiting period, they only receive 7 months of benefits. It is just a wrinkle of the Social Security system to keep in mind.
