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 $1,730 on which they pay Social Security taxes 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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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.

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 5 10 rule for SSDI? ›

The Recent Work Test and the Five-Year Rule

If you develop a disability: In the quarter you turn 31 or later, you must have worked for five years out of the 10-year period ending with the quarter you developed the disability.

What is the 12 month rule for SSDI? ›

The 12-month rule stipulates that an individual must have a medical condition that has lasted or is expected to last, for a continuous period of at least 12 months or, sadly, result in death.

Is Social Security disability based on the last 5 years of work? ›

The number of work credits you need to qualify for disability benefits depends on your age when your disability begins. Generally, you need 40 credits, 20 of which were earned in the last 10 years ending with the year your disability begins. However, younger workers may qualify with fewer credits.

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.

At what age does Social Security disability payments stop? ›

Your period of disability ends on the last day of the month before the month in which you become 65 years old or, if earlier, the last day of the second month following the month in which your disability ended. (1) The month before the month in which you attain full retirement age as defined in § 404.409.

What is the 55 rule for SSDI? ›

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. You must also not have transferable skills or an education that enables you to perform skilled work.

What is the 55 rule for disability? ›

Based on the results of the exam, your disability rating may increase, decrease, or stay the same. Once you turn 55, you are typically "protected" and will no longer have to attend an exam to prove that your condition has not changed unless there is reason to suspect fraud. This is sometimes called the 55-year rule.

What is the 20 40 rule for SSDI? ›

You have disability insured status if you: Have at least 20 credits during a 40-calendar quarter period (the 20/40 rule); The 40-calendar quarter period ends with the quarter that you are determined to be disabled; and. You are fully insured in that calendar quarter as explained in §203.

What are the disadvantages of social security disability? ›

One of the primary disadvantages of Social Security disability is the limited income it provides. SSDI benefits are calculated based on your average lifetime earnings before your disability began, and the amount you receive may be significantly lower than your previous income.

What's the fastest you can get approved for disability? ›

Generally, it takes about three to five months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision.

How many months does SSDI hold back? ›

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.

What does Social Security consider 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.

How much are most disability checks? ›

California disability pay chart
Benefits ProgramAverage Payment Amount in CAMaximum Payment Amount
State Disability Insurance60-70% of your wages$1,620 per week
Supplemental Security Income$578.62 per month$943 per month
Social Security Disability Income$1,524.99 per month$3,822 per month
Jan 29, 2024

Does disability pay more than Social Security? ›

However, if you're wondering if disability would pay more, just ask yourself where you are relative to your full retirement age. If you're under it, disability will be higher. If you're above it, Social Security will be higher.

What is considered to be a permanent disability? ›

Permanent disability (PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits, even if you are able to go back to work.

What are the disadvantages of Social Security disability? ›

One of the primary disadvantages of Social Security disability is the limited income it provides. SSDI benefits are calculated based on your average lifetime earnings before your disability began, and the amount you receive may be significantly lower than your previous income.

What is the maximum payment for 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).

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

During the trial work period, there are no limits on your earnings. During the 36-month extended period of eligibility, you usually can make no more than $1,550 ($2,590 if you are blind) a month in 2024 or your benefits will stop. These amounts are known as Substantial Gainful Activity (SGA).

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