12-Month Period of Disability
In order to qualify for Social Security Disability in Arizona, a claimant must be disabled for 12 months or expected to be disabled for 12 months. What this means is the impairment must last or expected to last for 12 months and may be met even though there is a recovery that is expected to occur sometime after the 12-month period.
There is a provision of the Social Security Act that actually says that the statute does not require that the impairment be so severe that the applicant is unable to work during the entire 12‑month period.
It is also important to note that there is a trial work period. Social Security recognizes a 9‑month period where a claimant can work and earn over $1,100.00 a month without jeopardizing his or her benefits.
It is important to note that this is a two-step process. An administrative law judge in Flagstaff has to determine that a Social Security claimant has a serious medical condition that is expected to last for 12 months and the claimant cannot engage in substantial gainful activity. Substantial gainful activity essentially means that the claimant in 2016 can earn at least $1,100.00 per month.
If you are a disabled individual in Flagstaff, Prescott, Phoenix, or Tucson, please call Fendon Law Firm for a free consultation. We are the largest family-owned workers’ compensation and Social Security Disability law firm in Arizona.
We treat clients like family because we are family.