To put it plainly, the standards for collecting Social Security disability benefits might be unclear. The rules and legislation governing Social Security disability can be complicated, even for those who are quite experienced in filing for benefits. This is especially true when it comes to the duration requirement, which is one of the requirements for Social Security disability benefits that is most frequently misinterpreted.
Keep reading to learn what the duration requirement is and then contact PLBH at (800) 435-7542 if you are in need of legal assistance.
The duration requirement requires that an impairment last at least 12 months or that it will cause death
According to the Social Security Act and the various regulations interpreting it, a claimant must demonstrate, among other things, that they are dealing with a severe medical impairment that has lasted or is anticipated to last 12 months or longer — or that will cause death — in order to be eligible for benefits. The Social Security Administration (SSA) has read this clause strictly and any applications that do not match this period requirement will be denied.
The definition of a disability
First, it’s critical to comprehend the definition of a disability. A physical or mental impairment that can be predicted to cause death or that has lasted or is anticipated to last for a continuous period of at least 12 months is defined as a disability when it prevents an individual from engaging in any major gainful activity.
Any shorter-term disability, such as one that would permit a person to return to work in less than a year, is not considered to be a disability for the purposes of benefits under this definition. There is little doubt that having significant neck surgery and missing 6 to 8 months of work would constitute a considerable impairment; nevertheless, because the length of your disability is not 12 months or more, you do not meet the requirements.
There is a lot of gray area in this requirement
Of course, a lot of people have more severe medical issues that cannot be fixed with a single operation. A person may require continuing therapy, which could prevent them from working for a while but allow them to resume it at other times. Those returns to employment could be viewed as unsuccessful in some circumstances.
A knowledgeable Social Security disability attorney can examine the circumstances of your claim and evaluate whether you would be able to meet the durational requirement by demonstrating that you were unsuccessful in trying to find employment again.
The complications of more than one injury
If a person experiences a second impairment while absent from work due to a different problem, it could be a problem as well. For instance, if a patient undergoing neck surgery experiences an unrelated stroke while recuperating and that stroke necessitates an additional 6 to 8 months of time off work, that patient will have missed more than 12 months of work.
This might appear to satisfy the 12-month length criterion, but the SSA will not consider combining two unconnected impairments to pass the test. By aggregating the two periods of disability to reach 12 months, the SSA will not determine that a person is incapacitated if neither impairment is anticipated to remain for that long and the impairments are unrelated (i.e., the operation was not the cause of the stroke).
These are complex issues but we can help
The time requirement is rather complex, as shown by these cases, especially in light of the various health circumstances that people frequently encounter during their lives. This is why having a knowledgeable Social Security disability attorney on your side is crucial. Your lawyer can assist you in determining if you meet the duration requirement and can present evidence to support your application.
We assist our customers in obtaining Social Security disability compensation at PLBH. Call (800) 435-7542 or send an email to info@plblaw.com to set up a consultation or find out more about how we can assist you.