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Hi. This is Jonathan Ginsberg. I'd like to talk to you today about what is
called a closed period of disability. Basically, a closed period means it's
one where there is a start date and an end date, as opposed to ongoing
disability. Normally, when you apply for disability, you say to Social
Security, "I have a medical problem that prevents me from working. It has
lasted or expected to last 12 consecutive months, and it is continuing to
keep me from working." There are some situations, however, where you may
have a medical issue that gets resolved in a year and a half or two years.
Or, even if it hasn't fully resolved but the medical evidence simply is not
there to go beyond a year and a half or two years. If that's the case, you
don't have to give up your entire claim. You can ask the judge for a set
period of time that's got to be, at least, 12 consecutive months, but it
can be a year and a half, two year, three years, something like that.
Maybe a situation where, for example, if you have really bad knees and you
cannot afford to get knee replacement surgery, you finally put the money
together and you have it, and now you're able to go back to work doing
something, then you might ask the judge for benefits for that two year
period where you were unable to work because of extreme pain and discomfort
in your knees. That's what called the closed period. I will tell you as
well that judges oftentimes are sympathetic to closed period cases. It's a
lot easier for them because they don't have to worry about whether or not
there's an ongoing problem that they have to assume that you're going to
have these ongoing issues and certainly they don't put Social Security on
the hook for money ongoing. It also adds to your credibility. If you go
into court and say, "I was disabled but I'm not now, and I wanted to go
back to work," I think a judge would assume that your motivation was always
to go back to work and as soon as you're able to do so, you did. That is
what a closed period is.
It is something to look at if your medical condition has improved, or as I
said before, if the evidence in your case that you're not able to go to the
doctor any more, the doctors won't support you if the medical evidence is
not sufficient to go for an ongoing period of disability, thenHi. This is
Jonathan Ginsberg. I'd like to talk to you today about what is called a
closed period of disability. A closed period means it's one where there's a
start date and and end date, as opposed to ongoing disability. Normally
when you apply for disability, you say to Social Security, "I have a
medical problem that prevents me from working. It has lasted or expected to
last 12 consecutive months, and it is continuing to keep me from working".
There are some situations, however, where you may have a medical issue that
gets resolved in a year and a half or two years. Or, even if it hasn't
fully resolved but the medical evidence simply is not there to go beyond a
year and a half or two years. If that's the case, you don't have to give up
your entire claim, you can ask the judge for a set period of time that's
got to be at least 12 consecutive months, but it can be a year and a half,
two year, three years, something like that.
Maybe a situation where, for example if you have really bad knees and you
cannot afford to get knee replacement surgery; you finally put the money
together and you have it, and now you're able to go back to work doing
something, then you might ask the judge for benefits for that two year
period where you were unable to work because of extreme pain and discomfort
in your knees. That's what called the closed period. I will tell you as
well that judges are, often times sympathetic to closed period cases. It's
a lot easier for them because they don't have to worry about whether or not
there's an ongoing problem that you have to assume that you're going to
have these on going issues and certainly they don't put Social Security on
the hook for money ongoing. It also adds to your credibility. If you go
into court and say "I was disabled and I'm not now, and I wanted to go back
to work", I think a judge would assume that your motivation was always to
go back to work and as soon as you're able to do so, you did. That is what
a closed period is.
It is something to look at if your medical condition has improved, or as I
said before, if the evidence in your case that you're not able to go to the
doctor any more, the doctors won't support you if the medical evidence is
not sufficient to go for an ongoing period of disability, certainly a
closed period would be the alternate argument. Hope this has been helpful.
Again, my name is Johnathan Ginsberg. Feel free to send me questions.
Thanks a lot. certainly a closed period would be the alternate argument.
Hope this has been helpful. Again, my name is Jonathan Ginsberg. Feel free
to send me questions. Thanks a lot.