Legal Tip Tuesday: Do You Really Have to Be Off Work a Year to File for Disability?

December 16, 2025

Author: Brian Patrick Bronson

Video Transcript

Many clients delay filing for disability because they’ve heard they need to wait a year. In today’s Legal Tip Tuesday, Brian Bronson and James Miller explain when you can actually file and why serious, long-term medical conditions may qualify you to file right away.

I heard that I must stop work for a year to get Social Security Disability. True or False? Kind of getting into those old wives tale. You know, you could call social security uh you could live with, you know, a serious illness for years and call Social Security about your disability claim and and you could get the impression that you have to be off of work a year to file that disability claim. And that’s not that’s not the case. Not true. It is not true. Lots of our clients will stop work and file for disability the very next day. You but you have to have a medical condition which is going to last a year is expected to last a year or could result in death. So let’s say that we have a client with some severe autoimmune disease. Let’s say it’s MS you know neurological and that they have struggled to work for the last decade and now finally it’s you know the medications aren’t working as well. they’re missing more days of work, you know, and they say, I just can’t do it anymore. I want to file for benefits. So, if you hear the old wives tales, you got to be off for a year, they may sit there and don’t, you know, don’t foul for a year and then file for a year. And that’s they could have already had their claim threequarters of the way done. Um, or if not on benefits by that point if they had filed that claim from the day they first went off of work and had gone through the process. So, you know, it it again it’s it’s the seriousness of the medical condition that really equates to how quickly can you foul after you’ve stopped work.