How long do you have to be out of work to apply for Disability?

How long do you have to be out of work to apply for Disability?

By Hogan Smith

Updated 02/06/2025


If you’re considering applying for Social Security Disability (SSD) benefits, one of the common questions you might have is, "How long do you have to be out of work to apply for disability?" The Social Security Administration (SSA) has specific criteria when it comes to applying for disability benefits, but the duration of time you must be out of work is a critical factor in determining eligibility. Here’s a breakdown of what you need to know.

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Understanding the SSA’s Disability Requirements

The SSA defines disability as the inability to perform substantial gainful activity (SGA) due to a medically determinable physical or mental impairment. To qualify for SSDI (Social Security Disability Insurance) or SSI (Supplemental Security Income), your disability must:


  • Prevent you from working for at least 12 months or be expected to result in death.
  • Be considered a severe impairment according to the SSA’s standards.


You Must Be Unable to Work at Substantial Gainful Activity (SGA)

One of the main criteria for applying for SSDI is whether or not you are engaged in substantial gainful activity. SGA refers to the amount of money you can earn while still being considered disabled. For 2025, the SSA defines SGA as earning more than $1,470 per month (or $2,460 for blind individuals).


If you are still earning above the SGA threshold, you may not be eligible for SSDI, even if you are unable to work full-time due to a disability.

The 12-Month Rule for SSDI and SSI

To apply for disability benefits, you need to have a condition that has kept you out of work for at least 12 months or is expected to keep you from working for a year or more. Here's what you should know:


  • SSDI: You must have worked and paid Social Security taxes for a sufficient amount of time and be unable to work for at least 12 months due to your disability.
  • SSI: If you do not have a sufficient work history, you may still be eligible for SSI if you meet the financial requirements and have a disability expected to last at least 12 months or result in death.


The Importance of the “12-Month” Requirement

While you do not have to be out of work for a full 12 months before applying for disability benefits, your condition must be expected to last for at least that long. For example:


  • If you are diagnosed with a condition like cancer, but your doctors believe you will recover and be able to return to work within 6 months, you likely won’t qualify for disability benefits.
  • If your disability is expected to last longer than 12 months or is a permanent condition, you may qualify, even if you’ve only been out of work for a few months.


Can I Apply for Disability Before I’m Out of Work for 12 Months?

Yes, you can apply for disability benefits before the 12-month period is complete if:


  • You are still unable to work because of your disability, and
  • Your doctors expect the disability to last for at least 12 months or longer.


For example, if you have a serious injury that prevents you from working and your doctors predict a lengthy recovery, you can begin the application process right away. However, keep in mind that the SSA will only approve your claim if they are confident that your condition will last for the required period.


Waiting Period for SSDI Benefits

If you are approved for SSDI benefits, there is a five-month waiting period before you begin receiving payments. This means that even though your condition may have lasted for longer than 12 months, you must wait for five months after your disability onset date before your payments start.


The onset date is typically the first day you were unable to work due to your condition. The SSA will review your medical records and other evidence to determine this date.

How Do I Prove I’m Out of Work?

When applying for disability benefits, you will need to provide evidence that your disability is keeping you out of work. Some ways to prove this include:


  • Medical records: Detailed documentation from your doctors that describe the extent of your disability and how it affects your ability to work.
  • Statements from your employer: If you are no longer working, a statement from your employer describing your job duties and the reason you had to stop working may help support your claim.
  • Employment records: Evidence of your work history and any time you have missed from work due to your condition.


Can I Still Apply for Disability If I Haven’t Been Out of Work for Long?

If you have not been out of work for a long time but your disability is expected to last for more than a year, you can still apply for disability benefits. The 12-month requirement does not mean you must wait a year before applying. It simply means that the SSA expects your condition to keep you from working for at least that long.



For example, if you’ve been unable to work for 6 months but your doctors anticipate that you will be unable to work for another year, you can still apply.

How Hogan Smith Can Help

At Hogan Smith, we understand that applying for disability benefits can be a complicated process. Whether you’re filing for SSDI or SSI, we can assist with:

  • Determining your eligibility based on your condition and work history.
  • Gathering medical records and other necessary documents.
  • Completing your application accurately to ensure the best chance for approval.
  • Representing you in the appeals process if your claim is denied.

Contact Hogan Smith Today

If you are considering applying for disability benefits, don’t wait until you’ve been out of work for a full year. Contact Hogan Smith today for a free consultation. We will help you understand your eligibility, guide you through the application process, and maximize your chances of getting the benefits you deserve.


Further Reading

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Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

A black and white icon of a newspaper on a white background.

Updated February 10, 2025

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