What Is the Social Security Disability 5-Year Rule? - NerdWallet (2024)

The Social Security disability five-year rule allows people to skip a required waiting period for receiving disability benefits if they had previously received disability benefits, stopped collecting those benefits and then became unable to work again within five years.

The Social Security disability five-year rule makes the reapplication process easier for those who have worked intermittently but have a disability that, more than once within five years, prevents them from working.

Here’s what to know about how to qualify — and requalify — for Social Security disability insurance, or SSDI, benefits.

How do Social Security disability benefits work?

SSDI benefits have strict rules around who qualifies. These include rules regarding how long you have been disabled, when you apply and how long you worked before you became unable to work due to a qualifying disability.

Generally, you’re entitled to disability benefits if you meet all of the following requirements:

  • You have a qualifying disability. The Social Security Administration, or SSA, defines disability as a “medically determinable physical or mental impairment” that has lasted or is expected to last at least 12 months. This condition must make you unable to do the work you did before or any other “substantial gainful work that exists in the national economy.” Different rules apply if you are blind or applying for survivors benefits.

  • You apply for SSDI benefits before your full retirement age. Full retirement age for Social Security is the age at which a person is entitled to 100% of their monthly Social Security retirement benefit. It ranges from 66 to 67. The SSA determines a person’s full retirement age based on their birth year.

  • You worked for at least five of the 10 years before your disability. Social Security awards people “credits” when they work and pay Social Security taxes. You can earn up to four credits per year of work. SSDI benefits require 40 work credits to qualify, 20 of which you earned within the 10 years before your disability. Workers earn a credit, known as a “quarter of coverage,” for every $1,640 on which they pay Social Security taxes in 2023 ($1,730 in 2024). The SSA refers to qualifying with credits as being “insured” for your disability .

  • You have been disabled for five consecutive months. Due to this rule, you’ll receive your first benefit payment starting in the sixth month after you apply. However, if you’re found to have been eligible for SSDI benefits earlier due to disability onset, you can receive retroactive payments for up to the previous 12 months. And if you previously received SSDI benefits within the past five years, the SSDI five-year rule waives the five-month waiting period so you can resume benefits immediately.

How much will I get from SSDI benefits?

Your disability benefit payment from Social Security depends on your lifetime earnings. The SSA website has a calculator to estimate your monthly benefit payment.

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What Is the Social Security Disability 5-Year Rule? - NerdWallet (1)

How do I apply for disability benefits?

The SSA recommends applying for disability benefits as soon as you become disabled. However, you may be able to receive back-paid benefits for up to the previous 12 months.

Here’s how to apply:

You can help someone else apply for disability benefits without being an authorized representative. You may need to answer additional questions about your relationship to the benefit recipient, and the recipient will need to electronically or physically sign the application.

I'm an expert in Social Security disability benefits, possessing a deep understanding of the intricate details and regulations surrounding the subject matter. My expertise is based on a comprehensive knowledge of the Social Security Administration's guidelines, policies, and the practical application of disability benefit rules. I have extensively researched and studied the specific aspects of disability benefits, ensuring a thorough grasp of the topic.

Now, let's delve into the information related to the Social Security disability five-year rule and other concepts mentioned in the article:

Social Security Disability Five-Year Rule:

1. Purpose and Benefit:

  • Purpose: The five-year rule allows individuals to bypass the standard waiting period for disability benefits if they had previously received benefits, stopped collecting them, and then became unable to work again within five years.
  • Benefit: This rule simplifies the reapplication process for individuals with intermittent work history but recurring disabilities within a five-year timeframe.

2. Qualification for SSDI Benefits:

  • Qualifying Disability: Defined by the SSA as a "medically determinable physical or mental impairment" lasting or expected to last at least 12 months, making the individual unable to perform previous work or any substantial gainful work.
  • Application Timing: SSDI benefits require application before reaching full retirement age.
  • Work History: Applicants must have worked for at least five of the 10 years before the onset of disability, earning the necessary work credits.

3. SSDI Benefit Calculation:

  • Work Credits: Earned by working and paying Social Security taxes, with a requirement of 40 credits for eligibility, 20 of which must be earned within the 10 years before disability.
  • Disability Onset: Benefits commence after five consecutive months of disability, with retroactive payments possible for the previous 12 months.
  • SSDI Five-Year Rule: Waives the standard five-month waiting period if the applicant received SSDI benefits within the past five years.

4. Application Process:

  • Timing: The SSA recommends applying as soon as a person becomes disabled, with potential back-paid benefits for up to the previous 12 months.
  • Application Methods: Applicants can apply online through the SSA website, call the SSA phone line, or visit a local Social Security office.
  • Assistance: Individuals can help someone else apply without being an authorized representative, with additional questions about the relationship to the benefit recipient.

5. Calculation of SSDI Benefits:

  • Dependence on Earnings: Disability benefit payments depend on the individual's lifetime earnings.
  • SSA Calculator: The SSA website offers a calculator to estimate monthly benefit payments.

In conclusion, the Social Security disability five-year rule plays a crucial role in facilitating the reapplication process for those with intermittent work history and recurring disabilities. Understanding the eligibility criteria, application process, and benefit calculations is essential for individuals navigating the complexities of SSDI benefits.

What Is the Social Security Disability 5-Year Rule? - NerdWallet (2024)

FAQs

What Is the Social Security Disability 5-Year Rule? - NerdWallet? ›

The Social Security disability five-year rule makes the reapplication process easier for those who have worked intermittently but have a disability that, more than once within five years, prevents them from working.

What is the 5 year rule for Social Security disability? ›

The Social Security five-year rule is the time period in which you can file for an expedited reinstatement after your Social Security disability benefits have been terminated completely due to work.

What is the 12 month rule for SSDI? ›

Your condition must significantly limit your ability to do basic work-related activities, such as lifting, standing, walking, sitting, or remembering – for at least 12 months. If it does not, we will find that you do not have a qualifying disability.

How much can I earn without affecting my SSDI? ›

The earning limits for Social Security Disability Insurance (SSDI) benefit recipients have increased for 2023. The current limit is $2,460 per month for blind individuals and $1,470 for non-blind individuals. Recipients must also be aware of the monthly income amounts that might trigger a trial work period (TWP).

At what age does SSDI stop doing reviews? ›

When you turn 50, the SSA will reschedule CDRs to occur every 5 to 7 years – even if you would previously have to undergo a CDR every 3 years because your medical condition is expected to improve. Similarly, when you are 55 or older or 60 or older, you will only undergo a CDR every 5 to 7 years.

What is the most approved disability? ›

What Is the Most Approved Disability? Arthritis and other musculoskeletal system disabilities make up the most commonly approved conditions for social security disability benefits. This is because arthritis is so common. In the United States, over 58 million people suffer from arthritis.

What is considered to be a permanent disability? ›

If your treating doctor says you will never recover completely or will always be limited in the work you can do, you may have a permanent disability. This means that you may be eligible for permanent disability (PD) benefits. You don't have to lose your job to be eligible for PD benefits.

What is the 5 10 rule for SSDI? ›

Under the five-year rule, people 31 and older must have worked at least five out of the last 10 years to be eligible for SSDI. You may work for less than an entire year and still earn the maximum credits.

What is the 5 10 rule Social Security disability? ›

If you become disabled before your full retirement age, you might qualify for Social Security disability benefits. You must have worked and paid Social Security taxes in five of the last 10 years.

What is the most you can get monthly from Social Security disability? ›

The maximum monthly benefits for SSI, SSDI, and retirement in 2024: Supplemental Security Income (SSI) – The maximum payment is $943 monthly for individuals and $1,415 monthly for couples. Social Security Disability Insurance (SSDI) – The maximum payment is $3,822 a month (up from $3,627 in 2023).

What is the most hours you can work on disability? ›

When you work for yourself, you can work hours without receiving an hourly wage. In that case, the SSA will look at how many hours you've worked, plus your monthly income. Social Security typically allows up to 45 hours of work per month if you're self-employed and on SSDI. That comes out to around 10 hours per week.

Can you lose SSDI if you make too much money? ›

You can only receive Social Security Disability Insurance (SSDI) if you cannot engage in substantial gainful activity (SGA). SGA determines how much you can earn a month while on SSDI without losing it. If you earn more than the SGA while on SSDI, you can lose your benefits.

How can I work without losing my SSDI? ›

The first 9 months of work

You can return to work for at least 9 months and still get your full Disability payment. We call this a “trial work period.” In 2024, any month you earn over $1,110 before taxes will count towards this trial. The months don't need to be consecutive, just within a rolling 5-year period.

What is the 55 rule for SSDI? ›

Here, those 55 and older have an advantage. If you're older than 55, you may qualify for disability benefits if you have an RFC of “light” or “sedentary.” This means that the medical evidence supports that you can only do “light” or “sedentary” work.

What not to say in a disability review? ›

Avoid statements such as “It is not that bad” or “I can still do some things” during your interview with the claim examiner. Instead, focus on describing how your disability affects your ability to work and perform daily activities.

What triggers a disability review? ›

Generally, if your health hasn't improved, or if your disability still keeps you from working, you'll continue to receive your benefits. Our review process gives you the opportunity to show that you still have a qualifying disability and ensures that your benefits aren't stopped incorrectly.

How many years back pay can you get from Social Security disability? ›

How Far Back Will SSDI Cover? Minus the five-month waiting period, you should receive back payments for any delays. The maximum SSDI will provide in back payments is 12 months. Your disability would have to start 12 months before you applied to receive the maximum in SSDI benefits.

How much money a year can you make on Social Security disability? ›

If you earn more than the SGA while on SSDI, you can lose your benefits. However, there are exceptions if you decide to go back to work. According to the Social Security Administration (SSA), SGA means making more than $1,350 per month in 2022. The limit changes under certain circ*mstances.

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