Grace, I'm not sure why the lawyer would have told you you have to wait until May to file for disability, unless maybe he was talking about a long term disability (LTD) insurance policy through your husband's employer. LTD policies generally require that you be off work a certain time period before you can apply - it can be anywhere from six weeks to six months. But there's no such requirement to apply for Social Security Disability - you can and should apply for SSD as soon as you become disabled. It doesn't matter if he was working last month or even last week, as long as he isn't working as of the date the application is filed, and the disabling condition is expected to last for a least a year. Even people who are working can still file if the amount they earn is under a certain amount - called "substantial gainful activity". For 2007, the SGA amount is $900 per month, so he could file even if he were still working as long as he didn't make more than that. Waiting to file is actually a bad idea - because a person's benefits are based on their average lifetime earnings, calculated as of the day you file for SSD, NOT as of the last day you worked. So a long period of time with no income can decrease the amount of benefits you will eventually draw, unless your average income is high enough to draw the max amount. And remember that once you file, it can easily take three to five months to get a decision. Also, many people don't realize that SSD has a five month "gap" between the "date of disability" and the date you become eligible for benefits. So if someone's date of disability is determined to be January, they don't become eligible for the first disabilty payment until July, and it won't be paid until August. So the sooner you get the process started the better.