Legal Question in Social Security Law in California

Colon/Rectal Surgery

I work part time with full medical benefits but no long term disability.My doctor says I will be unable to work for about 4 months due to a long recovery from the operation I will have. Would I be eligible to collect disablility payments from Soc. Security during this time period? I could apply for state disability but the payments wouldn't cover my basic expenses ona monthly basis..I've been working since I was 16yrs old contributing to the system.

Thank you for your time and advice..Brgds, Kenny


Asked on 8/02/04, 9:00 am

1 Answer from Attorneys

Candace Davenport Law Offices of Candace C. Davenport

Re: Colon/Rectal Surgery

Kenny-

One of the main rules of Social Security Disability is that you must be, or expected to be, disabled for a twelve month period of time before you are eligible. Therefore, if you will only be out for four months, it does not appear you would be eligible. However, if complications arise and it looks like you will continue to be unable to work for a year or longer, then go ahead and apply, (although hopefully, this will not be the case).

While state disability will not cover your expenses, that program is the program you want to use since it is set up for shorter term disabilities. Good luck

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Answered on 8/02/04, 9:45 am


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