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The Duration Requirement for Social Security Disability

  • Published: August 3, 2012

As an Ocala Social Security disability attorney can explain, you need not be unable to work ever again to be found disabled. You will be awarded disability benefits if your impairment lasted or will be expected to last for a continuous period of twelve months. (An exception applies if your impairment is expected to result in death.

Circumstances Where the Duration Requirement Is Met

Impairments that come and go or have short periods of remission, but also have active periods that preclude the claimant’s ability to engage in substantial gainful activity (SGA) on a sustained basis, typically will be found to fulfill the duration requirement.

Circumstances where the Duration Requirement Is Not Met

Denials based on the failure to meet the duration requirement usually occur where at the time the decision is reported to your Ocala Social Security disability attorney, twelve months has yet to elapse since you, as the claimant, were unable to work and the impairment is the sort that is likely to improve within that time period.

In situations where the impairment may or may not improve, a state agency decision maker may delay the case to see if you continue to be unable to return to work at the SGA level.
Most often, however, the twelve months will have passed by the time you actually attend a hearing, thus permitting an accurate retrospective evaluation.

A Closed Period of Disability

Once the twelve month duration requirement has been met, you may find your condition has improved so that you are able to return to work at the SGA level. If so, you may ask for a finding of a closed period of disability, as opposed to an open period of disability. That is, you were disabled for at least a twelve month period, but you are not disabled for an ongoing, open time period of time.

For a free evaluation of your case, call CJ Henry, an experienced Ocala Social Security disability attorney, at (352) 304-5300.

Claudeth Henry

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