How the Duration Requirement Affects Your SSD Case

November 1st, 2013

One factor affecting a decision in a Social Security disability case is meeting the duration requirement. According to a San Jose disability lawyer, your impairments must have lasted or be expected to last for a continuous period of 12 months, unless your impairment is expected to result in death.

Denials

When a denial occurs that it is based on the duration requirement, a San Jose disability attorney says it is because the impairment is the sort that is likely to improve within 12 months and the duration agreement is not met.

Impairment Conditions with Variable Symptoms

San Jose Disability LawyerYour San Jose disability lawyer would explain to you those impairments that wax and wane usually do not present a problem in meeting the duration requirement. Even impairments that have short periods of remission qualify as they may still have active periods sufficient to impede engaging in substantial gainful activity on a sustained basis, according to a San Jose disability attorney.

Further explanation by a San Jose disability lawyer adds that the regulations specifically prohibit stringing together unrelated severe impairments to meet the duration period requirement.

Delays Used to Determine Criteria

What can occur is a state agency decision maker will delay a case to help determine if you continue to be disabled. Due to the slow administrative process, 12 months could pass by the time you actually attend a hearing.

This can help in determining an accurate evaluation over a long period of time. Your San Jose disability lawyer would inform you that you may ask for a finding of a closed period of disability, if in your particular situation, you were able to return to work because your condition improved and once a 12-month duration requirement is met.

For Legal Assistance with Your Claim

The Social Security disability process can be more complex and difficult than one may think. Understanding the finer points to the duration requirement is critical to your case being seen by the Social Security Administration accurately. For a consultation about your case with a San Jose disability lawyer, call the law office of Terry LaPorte at 800-735-3425 today.


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