The Duration Requirement

Posted on Posted in Social Security Disability

If you are severely impaired and unable to work, check with your Denver Social Security disability lawyer to see if you meet the duration requirement. If you are, you may be eligible for disability benefits.

Meeting the duration requirement

To be eligible for disability benefits, your impairment must have lasted or be expected to last for a continuous period of 12 months, unless it will result in death in the foreseeable future. Those who meet the duration requirement usually suffer from long term impairment (less chance of remission, short periods of recovery) that prevents them from performing meaningful activity. According to state regulation, you will not meet the duration requirement by stringing together shorter, unrelated impairments for 12 months. For other restriction and information about the duration requirement, consult with your Denver social security disability lawyer.

At the time of the decision    

If your impairment is likely to improve within 12 months or generally doesn’t meet the duration requirement at the time of the decision, your claim will be denied. If a state agency can’t determine the status of your impairment before the decision, they may test its longevity by purposely delaying the case. Usually, the slow moving 12 month administrative wait before the hearing is enough for an accurate retrospective evaluation. When the 12 month duration requirement is met, you or your Denver Social Security disability lawyer can ask for a finding of a closed period of disability in case your condition has improved enough that you might return to work.

 If you suffer from a severe impairment that’s preventing you from working, you may be entitled to disability benefits. The Law Offices of John Cimino can determine if you meet the duration requirement and help obtain the disability benefit you deserve. Call now at (800) 626-6437  for a free initial consultation and find out if you meet the duration requirement.