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Need Help in Your Claim for Social Security Disability or Supplemental Security Income?

 
 

The 12-Month Duration Requirement

 
 

In order to qualify for benefits, your impairment must last or be expected to last for a continuous period of 12 months. If your impairment comes and goes or has short periods of relief, you can still meet the duration requirement if you are unable to engage in substantial gainful activity on a sustained basis. However, you may not string together unrelated impairments to meet the twelve-month duration requirement. A Jacksonville disability lawyer can give you the best advice about your particular situation.

If your benefits are denied for not meeting the duration requirement, this probably means that the period had not elapsed at the time of the decision and your impairment is a type that is likely to improve within 12 months. If it’s unclear whether an impairment will improve before the 12-month period is met, sometimes a decision-maker will postpone a hearing to a later time to determine whether the claimant is still disabled. However, since the benefits procedure is so slow, the 12-month period has usually elapsed by the time your case comes up for hearing, thereby allowing the decision-maker to accurately evaluate the duration requirement.

After you meet the twelve-month duration requirement, but before your condition has improved enough that you are able to return to work, you may request the decision-maker to establish a closed period of disability.

For advice about your disability claim, please do not hesitate to contact Jacksonville disability lawyer Chantal Harrington at (904) 997-6077 for a free initial consultation.

 

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