A “closed period” of benefits may be appropriate in Social Security disability claims where the claimant’s impairment has lasted for a continuous period of at least 12 months but improves to the point where the claimant is no longer disabled at the time the claim is ultimately decided (in other words, at the time of adjudication).
To establish a closed period, the evidence must show a fixed period of disability with a definite beginning date and ending date. If the claimant meets all other requirements, they may be entitled to a “closed period” of disability benefits.
Here is one example: Donald Smith was involved in a serious car accident on January 1, 2020, and suffered severe personal injuries. Mr. Smith is hospitalized for three months and has extensive physical therapy for the next twelve months. The physical therapy is five days per week, and Mr. Smith would be unable to work and go through physical therapy simultaneously.
On July 1, 2020, Mr. Smith applied for Social Security Disability benefits. His initial claim was denied on August 1, 2020, on the grounds that his condition “is expected to improve within 12 months”. He filed for reconsideration on August 15, 2020. On the same grounds, his claim for reconsideration was denied on September 15, 2020. Mr. Smith filed a Request for Hearing on October 1, 2020.
The physical therapy ends on April 1, 2021. As a result of physical therapy, Mr. Smith feels well enough to return to work. He had been out of work for 15 months but returned to work on April 1, 2021. Much later, Mr. Smith received notice in the mail that his Social Security hearing before an Administrative Law Judge was scheduled to take place on March 1, 2022.
Mr. Smith wonders whether he should even attend the hearing because he has been back to work for 11 months. The answer is “Yes!” He should attend the hearing and advise the ALJ that he seeks a “closed period” of benefits between January 1, 2020, and April 1, 2021.
