Blog Layout

How the SSA’s definition of disability can complicate your claim

On Behalf of Bollenbeck Fyfe, S.C. • Aug 30, 2021

The Social Security Administration (SSA) has a rather strict definition of what it means to be “disabled” in a way that qualifies you to receive Social Security Disability Insurance (SSDI) benefits.



You need to understand how the “12-month rule” could affect your claim if you intend to file a claim.

What’s the 12-month rule?

Among other criteria, the SSA says that you can only qualify for SSDI benefits if you have a mental or physical impairment that is either expected to be fatal or:


  • Has lasted for a continuous period of 12 months or longer
  • Can be expected to last for a continuous period of 12 months or longer


For many disability applicants, this isn’t that difficult. They may have suffered from their condition for years before they finally deteriorated to the point where they could no longer continue working. 


However, for those who have a condition with a more recent onset, the path forward can be a lot more arduous, depending on their particular condition. In essence, the SSA may deny or delay your claim while you seek to prove that your disability isn’t something that will “go away” or become manageable with treatment.

How difficult is it to assert certain claims before the 12-month mark?

People commonly run headlong into this restriction when they’re newly diagnosed with something like a back condition.


For example, if you have suffered a severe injury to your spinal column that has left you even partially paralyzed, there’s little doubt that your condition is long-lasting. However, if you have another injury — like a broken back or a slipped disc — you may have to work hard to convince SSA that your condition isn’t treatable through medication, surgery or physical therapy.


If your condition is disabling but fairly recent, then it may take more effort than normal to get your Social Security disability claim approved. Understanding how to construct your application for the best possible results is key.

By On Behalf of Bollenbeck Fyfe, S.C. 06 Oct, 2021
When you’ve been hurt on the job, does it really matter so much who gets to pick your worker’s compensation doctor? Absolutely. Unlike most other states, Wisconsin is very liberal about the way that it treats its injured workers. Under the law, you — not your employer — get to pick your treating physician. You can even change doctors if you decide the first doctor isn’t providing responsible care. (If you still aren’t satisfied with the medical care you receive, you’ll need your employer’s permission to switch physicians once more.)
By On Behalf of Bollenbeck Fyfe, S.C. 23 Sep, 2021
Dogs do not always act according to specific rules, and any dog could bite you if it feels like it. However, understanding a little about how dogs think may help you avoid getting bitten.  The first thing to know is that some dogs are more likely to bite you than others. Certain breeds have it in their nature to attack. Others become aggressive due to the way their owners raise them. If your child is looking for a dog to stroke, steer them away from anything that looks like it is meant to go head to head with mountain lions or armed robbers.
By On Behalf of Bollenbeck Fyfe, S.C. 13 Sep, 2021
Almost every time you drive, you’re bound to come to some sort of an intersection. It may be a two-way stop, where you have to wait for cross traffic. It could be a four-way stop, where everyone has to wait and take turns. It may even be a light-controlled intersection, where all drivers are just supposed to do as instructed by the automated traffic signal. Regardless of how common they are, intersections are very dangerous. They’re so notorious for this that researchers have studied them to find the most dangerous ones in each state. Under normal driving conditions, going through an intersection could be the riskiest thing you do on the road. Why is this?
By On Behalf of Bollenbeck Fyfe, S.C. 09 Sep, 2021
Fall is an exciting time for motorcyclists. It’s cool enough that the safe leather gear does not get too hot and warm enough that you do not need several layers to keep from shivering. As you get your bike ready for fall, it is essential to take a moment to get yourself and your motorcycle ready for the changes in the weather. Here are a few ways you can plan for a safer ride this fall.
By On Behalf of Bollenbeck Fyfe, S.C. 17 Aug, 2021
Are you going to be driving a rental car in the aftermath of a crash? Maybe you need to buy a new one because yours is beyond repair. Either way, you’re going to be finding yourself behind the wheel of an unfamiliar car at a time when you’re probably already nervous about driving again.  Even if you get a newer model of the same car, there are going to be a lot of differences to get used to. It’s essential to familiarize yourself with all of those changes before you’re out on the road. That requires a bit of time and patience.
By On Behalf of Bollenbeck Fyfe, S.C. 03 Aug, 2021
Any kind of injury or illness can come with expenses that hurt your finances. However, dog bite attacks often proved to be far more financially devastating than people expect.  What at first seemed like a minor issue may eventually result in thousands of dollars in medical expenses and lost wages. What makes dog bite attacks so expensive?
By On Behalf of Bollenbeck Fyfe, S.C. 30 Jul, 2021
Social Security Disability Insurance (SSDI) is a crucial benefit for working individuals who suffer serious injuries or develop disabling medical conditions. SSDI benefits will help you cover your living expenses when you can no longer work because of your health.  However, only certain people actually qualify for these benefits. Determining whether or not you can potentially qualify for SSDI can help you decide if applying is worth the effort. There are two specific criteria that your circumstances must meet for you to get SSDI benefits.
By On Behalf of Bollenbeck Fyfe, S.C. 20 Jul, 2021
Many people think that car insurance protects the victims of crashes from losses. However, insurance in Wisconsin is a liability-based program. It does offer coverage to people hurt by irresponsible drivers, but its primary role is to protect the person who caused the crashed from financial liability.  Unless you pay for special coverage, you will be dependent on the other driver after a crash. Unfortunately, that might mean that there isn’t enough insurance to repay you for the losses you incurred because of the wreck.
By On Behalf of Bollenbeck Fyfe, S.C. 06 Jul, 2021
Applying for Social Security Disability Insurance (SSDI) benefits can be a very humbling experience. You have to accept the idea that your medical condition could permanently affect your earning capacity. You also need to acknowledge that you need help in daily life or that you don’t have enough income to support yourself anymore.  Once you reach that point, you then it needed to gather enough medical documentation to prove that your condition affects your daily life. You have to submit your evidence and certain paperwork to the Social Security Administration (SSA). Unfortunately, many people who need SSDI won’t receive benefits right away when they apply. Instead, the SSA denies their application.
By On Behalf of Bollenbeck Fyfe, S.C. 22 Jun, 2021
When drivers don’t pay close attention to the road, there is an increased risk that someone could get hurt. Take, for example, a case in Appleton in which a car struck a motorcyclist. Both the motorcyclist and their passenger were taken to the hospital for their injuries. The information from the police revealed that a 16-year-old boy had been driving aggressively when he crossed the center line and struck the motorcycle. Both the motorcycle’s driver and passenger suffered serious, though not life-threatening, injuries. The police released information showing that they took a blood sample and that alcohol wasn’t a factor in the crash. However, the teen driver will face charges for reckless driving . As the investigation unfolds, they could face other penalties as well.
More Posts
Share by: