If your impairment is not expected to result in death, it must have persisted or will remain active for at least 12 months in order for you to receive Social Security benefits. If you are uncertain about whether you meet this “duration requirement,” be sure to consult with a Bakersfield disability lawyer as soon as possible.
A Bakersfield Disability Lawyer Defines the Duration Requirement
Your Bakersfield disability attorney will assure you that meeting the duration requirement should not be a major obstacle. You will meet this requirement even if your impairment was inactive or in remission for a short-term period, as long as it was active long enough to prevent you from performing substantial gainful activity for a significant amount of time.
However, as your Bakersfield disability lawyer will tell you, the Social Security Administration will not allow you to add up separate severe impairments to satisfy the duration requirement.
Case Denial Based on the Duration Requirement
Your case will likely be denied, if, at the time of the decision:
- You did not meet the duration requirement.
- You have an impairment that is expected to improve within 12 months.
Your Bakersfield disability lawyer will explain why your case was delayed. If you suffer from impairments with indeterminate duration, a state agency may delay your case in order to confirm whether you would be disabled long enough to qualify for benefits. But since the long waiting time for the administrative process generally takes up the required 12 months, the SSA will have enough time to make a proper evaluation of your impairment.
What to Do Once You Meet the Duration Requirement
When the SSA finds that you met the duration requirement, you or your Bakersfield disability attorney can request a finding of a closed period of disability if you have recovered sufficiently enough to possibly return to work.
If you are seeking an experienced Bakersfield disability lawyer to assist you in filing for Social Security disability benefits, please contact us. The initial consultation is free.
