You may be surprised how often this question gets asked to Indiana Disability Attorney Scott Lewis. At times, Indiana residents find themselves unable to work due to a disabling condition, but anticipate returning to the workforce. These short term disabling conditions may be due to the result of an auto accident, a surgery, or any other condition where you find yourself unable to work because of a physical or mental impairment. Indianapolis Social Security Attorney Scott Lewis even receives telephone calls asking if a normal pregnancy can be a disabling condition. To answer the question of whether the Social Security Administration (SSA) offers a short term disability program, one must determine how short is short?
The Social Security Administration has a condition that must be met that is called the “durational requirement.” With this requirement, your disabling condition (either physical or mental) must have actually lasted for twelve (12) months or be expected to last for twelve (12) months. Indianapolis disability lawyer Scott Lewis finds one way the Social Security Administration can turn down many claims is by stating your mental or physical disabling condition is not expected to last twelve (12) months. Due to the fact that many medical conditions can be very difficult to determine how long they will last, it may be in your best interest to appeal an unfavorable decision if denied for this reason.
Let’s say you are denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits because the Social Security Administration states you do not meet the durational requirement and you decide not to appeal that decision. Now you find your disabling condition does not improve and you are still unable to work. In this scenario, you may be past the time limit to appeal your claim. Indiana disability lawyer Scott Lewis usually advises his clients to appeal the denial and see if your condition improves. Currently, the waiting time to get your disability claim heard by an Administrative Law Judge (ALJ) in Indianapolis is very long and meeting the durational requirement many times happens while you are waiting for your day in court.