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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What Is the Social Security Disability 5-Year Rule? - NerdWallet (2)

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? ›

If you were entitled to disability benefits within the last five years, you won't need to wait to reapply. Dalia Ramirez writes about home services and estate planning for NerdWallet.

What is the 5 year rule for social security disability? ›

Once your benefits stop, you have five years to reapply through expedited reinstatement and qualify for temporary payments while you wait for a decision. Each year, this five-year grace period helps thousands of workers get back on benefits slightly faster than if they started a new application from scratch.

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.

How do I answer a Social Security disability questionnaire? ›

How to Fill Out an Adult Function Report for Disability (7 Tips)
  1. Answer Every Question and Be Honest! ...
  2. Answer Only the Questions Being Asked. ...
  3. Give as Much Detail as You Can. ...
  4. Be Consistent (Some Questions Overlap) ...
  5. Be Specific on Question 5 of the Function Report. ...
  6. Don't Limit Your Answers to the Space on the Form.
Jan 26, 2023

How to answer questions in Social Security disability interview? ›

During your phone interview, you should only talk about the diagnosed conditions listed on your application. Talking about unrelated medical issues can distract and confuse the SSA claims representative.

At what age do 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 5 year rule? ›

The five-year rule could foil your withdrawal plans if you don't know about it ahead of time. This rule for Roth IRA distributions stipulates that five years must pass after the tax year of your first Roth IRA contribution before you can withdraw the earnings in the account tax-free.

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 12 month rule for SSDI? ›

The 12-month duration-of-disability requirement also applies in establishing disability for SSI applicants. A medically determinable physical or mental impairment or combination of impairments must keep an adult from engaging in substantial gainful activity for at least 12 months in a row.

What not to say on a disability function report? ›

5 Biggest Mistakes on Adult Function Reports
  • Not reading the entire question. ...
  • Not being clear about how long it takes you to do things. ...
  • Not being clear about what you do all day. ...
  • Not listing the side effects of your medications. ...
  • Not answering questions consistently.

What to say and not to say at a disability doctor? ›

Do not tell the doctor you are “o*kay,” “fine,” or “pretty good” when you are there for an assessment of your condition. Even saying this out of habit could jeopardize your claim. Be honest about your complaints, symptoms, and other details of your condition.

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 not to say during a Social Security disability interview? ›

Don't talk about undiagnosed conditions

If you haven't been formally diagnosed with a condition by your doctor, don't mention it during your disability interview. It's best to answer questions only about the conditions listed on your initial disability application to avoid confusing the SSA.

What not to say during an SSDI interview? ›

While it's essential to be thorough when discussing your disability, you should avoid mentioning unrelated medical issues or conditions. Only discuss the disabling medical problems directly related to your disability claim. Bringing up minor or unrelated issues may confuse or distract the SSA representative.

What not to say in a long-term disability interview? ›

Exaggerating or Falsifying Information. One of the most critical mistakes individuals make during field interviews is exaggerating or falsifying information about their disability or limitations. While it may be tempting to embellish certain details to strengthen your case, doing so can have severe consequences.

How do I get the $16728 Social Security bonus? ›

Have you heard about the Social Security $16,728 yearly bonus? There's really no “bonus” that retirees can collect. The Social Security Administration (SSA) uses a specific formula based on your lifetime earnings to determine your benefit amount.

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 many years does Social Security disability last? ›

Without any other causes for termination, Social Security Disability Insurance benefits may last until you reach retirement. You may become eligible for Social Security Retirement benefits instead at this age. SSI benefits do not expire at age 65. We are passionate about obtaining the best result.

How much money can you make without it affecting your SSI disability? ›

If you have a disability, you'll also need to prove you've earned less than $1,550 from work per month in the month you're applying. Citizens ages 65 or older don't need to have a disability to get SSI.

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