Q: How is the waiting period for SSA benefits calculated if the claimant is self employed? The specific math.
SSA determined I became disabled July 10, 2015. My SSDI benefits started Jan. 16, although I didn't start receiving the money until March 2017.
I know that SSA says the waiting period for determination is five full months below SGA. However, they asked me for six months of info. What did they do about July, which was the only month I made over the SGA? Did they divide the entire amount by five, or was it six? They asked for full months, not partial months....Something I read stated that the counting actually begins at the first full month, which would be August in this case. Is that true?
I am self employed, so I know that means the SGA was an average $1,090. I made less than $5000 during that time after expenses.
A: The 5-month waiting period is described in CFR § 404.315. The relevant part of the regulation states that benefits will be payable after you have been disabled for FIVE FULL (emphasis added) consecutive months. This five-month waiting period begins with the first full month in which you were both insured for disability and disabled. In you case it appears that Jul-Aug, Aug-Sep, Sep-Oct, Oct-Nov, Nov-Dec are your five months of waiting period (but spans portions of six months - hence their question), with benefits beginning the month thereafter (Jan). If you were determined disabled and your earnings were below SGA, then your earnings will not have affected your DIB benefits.
Your question may also be answered by the relevant POMS DI 10105.001 (the program operations manual), which notes, "A period must be not less than 5 full calendar months duration. For the purpose of this 5-month requirement, a full calendar month includes:[...]The beginning date of an individual's “period of disability” [which] is usually the date of onset of his/her disability."
I hope this helps.
This answer does not constitute legal advice and no attorney-client privilege exists herein. Individuals are encouraged to seek dedicated local counsel to address their legal concerns.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.