Obtaining Social Security disability benefits can be a perplexing endeavor. Even individuals well-acquainted with the process often find the laws and regulations surrounding Social Security disability daunting. One aspect of Social Security disability benefits that commonly causes confusion is the ‘duration requirement.’
Under the Social Security Act, to be eligible for benefits, an applicant must demonstrate (among other prerequisites) that they are experiencing a severe medical impairment expected to last 12 months or longer, or one that will lead to death. A veteran Social Security disability lawyer can clarify that the Social Security Administration (SSA) applies this rule rigidly, consequently denying any applications not meeting this duration requirement.
Defining Disability and Its Duration
The definition of disability is crucial in this context. A disability is considered as the “inability to engage in any substantial gainful activity due to any medically determinable physical or mental impairment expected to result in death or has lasted or is anticipated to last continuously for a minimum of 12 months.” This implies that shorter-term disabilities, like those permitting a person to return to work within a year, don’t qualify for benefits.
For instance, if you underwent a significant neck surgery that necessitated a 6 to 8-month work absence, it undoubtedly constitutes a substantial impairment. However, as your disability’s duration isn’t 12 months or longer, it wouldn’t qualify.
Complex Health Problems and Unsuccessful Work Returns
Health issues are often more complex, with many individuals requiring continuous treatment, causing sporadic inability to work. In such cases, the periods of work return might be deemed unsuccessful. An experienced Social Security disability lawyer can assess your situation and determine if you could satisfy the duration requirement by proving unsuccessful work return attempts.
Concurrently, issues could arise if an individual acquires a secondary impairment while recovering from an unrelated problem. For instance, if a person recovering from neck surgery suffers an unrelated stroke, requiring another 6 to 8 months off work, they’ve been absent for over 12 months. This seems to fulfill the duration requirement. However, the SSA won’t combine two unrelated impairments to meet the criterion. If neither impairment is anticipated to last for 12 months and they’re unrelated, the SSA won’t declare the person disabled by combining the two disability periods to reach 12 months.
The Importance of a Skilled Disability Lawyer
As illustrated by these examples, the duration requirement is deceptively complex, especially considering the unique health circumstances individuals may encounter. This emphasizes the need for a skilled Social Security disability lawyer’s guidance. Your attorney can assist in determining if you meet the duration requirement and present an argument supporting your application approval.
At PLBH, we collaborate with clients to help them acquire Social Security disability benefits. To schedule a consultation or to understand more about how we can assist you, contact us today at (800) 435-7542.