To put it bluntly, the conditions for getting Social Security disability benefits might be perplexing. Even for those who are familiar with applying for benefits, the laws and procedures governing Social Security disability can be difficult to navigate. This is especially true when it comes to the length requirement, which is one of the most misunderstood aspects of Social Security disability payments.
The Duration Requirement
To qualify for benefits under the Social Security Act and its associated rules, an applicant must demonstrate (among other things) that he or she is suffering from a serious medical disability that has lasted or is likely to continue 12 months or longer — or that will end in death. As a seasoned Social Security disability attorney can explain, the Social Security Administration (SSA) has severely construed this clause, denying any claim that does not fulfill the length requirement.
The Definition of a Handicap is Important to Understand
First and foremost, it is critical to comprehend how a handicap is defined. A disability is defined as the incapacity to engage in any substantial gainful activity due to a medically determinable physical or mental impairment that can be anticipated to result in death or that has lasted or can be expected to persist for at least 12 months.
Any shorter-term disability, such as one that allows a person to return to work in less than a year, does not qualify as a disability for benefits purposes under this definition. For example, if you had significant neck surgery that caused you to be out of work for 6 to 8 months, there is little doubt that this would be a severe impairment — but it would not qualify since the duration of your disability was not 12 months or longer.
There Are Exceptions to the 12-Month Rule
Another difficulty that may emerge is if a person gets a second disability while on leave from work due to another reason. For example, if a person recovering from neck surgery suffers an unrelated stroke that needs another 6 to 8 months off work, he or she will have been out of work for more than 12 months. Although this appears to fulfill the 12-month time criterion, the SSA will not combine two unconnected impairments to pass the test. If neither impairment is likely to continue for 12 months and the impairments are unrelated (in this example, it would refer to a situation in which the stroke was not caused by the operation), the SSA will not consider the individual handicapped.
Work with an Attorney Who Can Make Sense of Your Case
As these instances show, the length criterion is rather complicated — especially considering the variety of health issues that people face throughout their lives. That is why it is critical to have a skilled Social Security disability lawyer on your side. Your lawyer can help you figure out if you fulfill the time requirement and build a case for why your application should be accepted.
Contact PLBH at (800) 435-7542 now to request a consultation with an SSDI attorney.