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How long to I have to be off of work to submitt a claim for socialsecurity disability?

Menomonee Falls, WI |

Three years back I suffered a stroke and lower back problems at work.The stroke has effective my right side far as walking and holding object in my right hand. The lower back disc problem has cause lower left side hip and leg problems.My employer has let me continue to work with Doctors restrictions,How ever last month I injured my left foot ,I am a diabetic so healing is slow ,It is getting more pain full to perform the duties at work .I also had to have my colon remove back in 1988.My job is to perform all maintenance duties such as plumbing, lighting,floor& carpet repairs ,Installing pictures& banners,and bulletin boards.

Attorney Answers 5


  1. Typically, in order to qualify for SSD, a doctor has to indicate that you will be unable to work for 12 months or longer. You do not already have to be off of work for 12 months; just unable to work going forward for at least 12 months. You should contact a WI SSD attorney for a free consultation.

    Did you injure your left foot at work? If yes, you are likely entitled to work comp benefits and should contact a WI based work comp attorney for a free consultation as well.

    The information you obtain at this site is not, nor is it intended to be, legal advice. The information provided does not form an attorney-client relationship, and should not be relied upon to take or refrain from taking any action.


  2. You must have your doctor indicate that you will be fully disabled for at least 6 months in the future, and some jurisdictions will tell you to apply after 6 months, which is waiting period, but I would go to local office with your medical report in hand.
    If your foot injury was work related you should consult a comp lawyer for that as well. People run into problems more by waiting, as you can miss your date last insured, which you must show disability by.


  3. I am glad to hear that your employer is continuing to allow you to work. You should discuss your situation in person with a social security attorney given the apparent complexity of your medical history, and the attorney will need your medical information regarding your ability to work in the future.

    You state that you suffered a stroke and lower back problems at work. Did you report these issues to your employer? If you injured your back at work you should contact a worker's compensation attorney ASAP.

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  4. Social Security disability requires that you have medical proof of a a disability that will not allow you to perform any substantial work for a period of at least one year. When you have a combination of disabilities it becomes quite complex. You should consult a Social Security disability attorney in our area. I added SSD I as a practice area to your post. You should also explore whether any of these medical issues may be work related. Most attorneys in Southeast Wisconsin will give you a free consultation.


  5. Generally, speaking, once you are unable to work substantially (and are not actually earning more than $1070/mo, gross), you can file. The 12 month duration of inability to work substantially need not have passed already, to start the process. You will simply need to prove that 12 months of inability is expected by your medical providers.

    Stephanie O. Joy, Esq., of JoyDisability, is an attorney licensed in New Jersey, but currently practicing federal Social Security Disability law in all 50 states from her PA office. Answers to questions are for general purposes only and do not establish an attorney-client relationship, nor do they constitute legal advice. Rather, if you need representation or legal advise, you need to make direct contact yourself, and inquire. We welcome and respond to all phone calls and emails.

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