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CJ Henry Law Firm, PLLC

What You Should Know about the Duration Requirement

  • Published: September 17, 2014

Even if your medical impairment is severe and debilitating, it might not be enough to qualify for Social Security disability benefits. There is also a duration requirement for disability, which says that your medical impairment must have lasted or be expected to last for 12 continuous months. Your Ocala disability lawyer will explain what this requirement means for your case.

Some medical impairments are known to wax and wane or go through periods of brief remission before returning. Generally, impairments like these will still qualify for disability if you and your Ocala disability lawyer can show that you have had the disability for 12 months or expect it to last that long. However, one thing you are not allowed to do is combine the periods of multiple, unrelated impairments in order to reach a duration of more than 12 months. The duration must be counted on the basis of a single impairment.

If you have not met the duration requirement and there is a possibility that your impairment will improve within 12 months, your case may be denied. You will still have the option of appealing with the help of your Ocala disability attorney, however. Sometimes the state agency processing your claim will delay your case if there is uncertainty as to whether your condition will improve. The agency may want to wait to see if your condition improves within 12 months before making a decision.

Find out more about the Social Security disability process. Call an Ocala disability lawyer at the CJ Henry Law Firm, PLLC. Call 352.304.4300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
with your disability-related legal needs...Protect Your Benefits Today (352) 577-7746