January 31, 2017

Social Security Disability and the Durational Requirement

As a Social Security Disability Attorney, I see the Social Security Administration (SSA) turn people down for a variety of reasons. One of the common ways you may be turned down for Supplemental Security Income (SSI) and/or Social Security Disability Insurance (SSDI) is because the SSA states you do not meet its Durational Requirement.  This is a fairly easy way for them to turn down your claim, but you can appeal this decision and many times find yourself with a favorable outcome in the long run.   What is the “Durational Requirement”? The language the SSA uses requires that you must have an impairment lasting or expected to last at least 12 months.  As you can tell, this can be a pretty subjective standard.  The SSA makes this determination on the current medical records they have on hand.  Unfortunately, your medical record may be incomplete when they make this determination.  You can appeal this decision and if you believe you are unable to work and will continue to be unable to work it is most likely in your best interest to file a Request for Reconsideration or Request for Hearing to move your case along.  You have approximately 60 days to file these appeals and it is very important to do so in a timely manner so you do not have to file another initial application.   It is also important to note your impairment must prevent you from performing Substantial Gainful Activity (SGA) for at least 12 months in a row. What this essentially means is that you cannot receive disability benefits when your wages are over SGA.  This is a monetary amount establishing a cap you cannot go over.  Many of my clients have difficulty grasping this concept when they are holding down a full time job while … Continued

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November 12, 2009

What does the Social Security Administration (SSA) mean when they refer to a “Durational Requirement?”

Many Indiana residents attempting to receiveSocial Security disability benefits are confused about what the Social Security Administration (SSA) calls a “durational requirement“.  A durational requirement refers to a time qualification that must be met in order to receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits.  A claimant’s disability must be expected to result in death or be expected to last twelve consecutive months or longer to qualify for benefits.  Indiana residents should not confuse the durational requirement with how long they must wait in order to file a Social Security Disability claim. You should file a claim immediately when you become disabled.   Some people are concerned that they will need to wait 12 months before the SSA will find them disabled.  On the contrary, you may be found disabled if your condition is expected to last for 12 months or longer.  If there is a question of duration, it might be advisable for a claimant to get a medical statement that their condition is disabling and that it is expected to last at least 12 months and furnish this information to the SSA. So remember, while you may presently be disabled, the SSA concentrated on this durational requirement as one of the factors to determine your ability to receive Social Security disability benefits.  Indianapolis Social Security Disability Attorney Scott D. Lewis can assist your with your claim.  For a free consultation, call Scott at (317) 423-8888 immediately.

Filed under: Qualifying Disabilities and Impairments
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December 29, 2017

How Long Do I Have to Be Disabled to Get Social Security Disability Payments?

Because the Social Security Administration (SSA) does not have a “short term” disability provision, you must meet certain durational requirements to qualify for disability payments.  The SSA requires that your severe impairment has lasted or is expected to last at least twelve months.  While this may seem pretty straight forward, it is a common reason for denying claims for Social Security Disability Insurance (SSDI) and/or supplemental Security Income (SSI) benefits. It can be very difficult to determine if you are going to recover from your physical or mental impairments.  If the SSA denies your claim because they think you will get better within twelve months, they are making an educated guess based on the type, severity, and medical treatment you are receiving.  Many of my clients that have been denied for this reason on the initial application find themselves with a favorable decision from an Administrative Law Judge (ALJ) later down the road. So, do you have to wait twelve months before you apply for disability benefits?  I believe you should apply for benefits the day you are unable to work.  For disability cases, the alleged onset date and application date are important for determining how much backpay you may be entitled to receive.  There are restrictions on how far back the SSA can go from your application date for benefits, so I encourage my clients to file their claim as soon as they stop earning Substantial Gainful Activity (GAS) amounts.  For SSI applicants, the SSA can only pay benefits from the date of application, so it is very important to file the application as soon as possible to ensure full benefit amounts for backpay purposes. I don’t believe I’ve had a claimant that did not want to get better.  Just because the SSA says they believe your condition will … Continued

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December 13, 2010

Does The Social Security Administration Offers A “Short Term” Disability Benefit

You may be surprised how often this question gets asked to Indiana Disability Attorney Scott Lewis.  At times, Indiana residents find themselves unable to work due to a disabling condition, but anticipate returning to the workforce.  These short term disabling conditions may be due to the result of an auto accident, a surgery, or any other condition where you find yourself unable to work because of a physical or mental impairment.  Indianapolis Social Security Attorney Scott Lewis even receives telephone calls asking if a normal pregnancy can be a disabling condition.  To answer the question of whether the Social Security Administration (SSA) offers a short term disability program, one must determine how short is short? The Social Security Administration has a condition that must be met that is called the “durational requirement.”  With this requirement, your disabling condition (either physical or mental) must have actually lasted for twelve (12) months or be expected to last for twelve (12) months.  Indianapolis disability lawyer Scott Lewis finds one way the Social Security Administration can turn down many claims is by stating your mental or physical disabling condition is not expected to last twelve (12) months.  Due to the fact that many medical conditions can be very difficult to determine how long they will last, it may be in your best interest to appeal an unfavorable decision if denied for this reason. Let’s say you are denied Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits because the Social Security Administration states you do not meet the durational requirement and you decide not to appeal that decision. Now you find your disabling condition does not improve and you are still unable to work.  In this scenario, you may be past the time limit to appeal your claim. Indiana disability lawyer Scott Lewis usually advises his … Continued

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November 12, 2010

Stroke and Your Indiana Social Security Disability Benefits

Indianapolis Social Security disability lawyer Scott Lewis often finds himself talking to Indiana residents wondering if they can receive disability benefits because they have experienced a stroke.  Disability attorney Scott Lewis usually finds the stroke itself is not to be the reason the individual cannot work, but the effects afterward.  Many Social Security disability claimants find themselves unable to remember things and complain of short and long term memory loss after experiencing a stroke.  Another problem may include the inability to function physically as they did prior to having a stroke. One major issue may involve that to be entitled to Indiana Social Security disability benefits an individual must be disabled for twelve months or be expected to be disabled for twelve months, or the disability is expected to result in death. This is called the “durational requirement”.  The Social Security Administration (SSA) could argue that the residual effects of your stroke may go away.  It is difficult to determine if this is true, so good medical evidence may be the key to proving your disability will persist. Through good medical records, including physical and psychological records, an Indiana Social Security disability claimant should try to prove they are unable to return to their past work, and are unable to perform any other jobs that exist in the economy.  This may be accomplished by showing that the Indiana Social Security disability claimant has such a reduced physical or mental capacity that they are unable to perform substantial gainful activity (SGA).  Indianapolis Social Security disability attorney Scott Lewis also attempts to categorize his disability clients into a listing in the Listing of Impairments issued by the Social Security Administration.  

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September 22, 2010

When Should I File For Social Security Disability?

Indianapolis Social Security Attorney Scott Lewis often gets telephone calls from Indiana residents asking when they should file their initial Social Security disability claim.  Many disability claimants make the mistake of waiting because they believe they must be disabled for a period of one year before they can file a Social Security disability claim.  There are a number of things to consider when deciding to file a Social Security disability claim: 1.  Has your disability or combination of disabilities prevented you from making enough money to take care of yourself and/or your family?  The amount of money the Social Security Administration (SSA) considers to meet this level is called the Substantial Gainful Activity (SGA) amount.  In 2010 the SGA amount for non-blind individuals is 1,000.00. 2.  Will you meet the “durational requirement”?  Your disability must actually last for 12 months or be expected to last for 12 months.  Many times Lawyer Scott Lewis tells his clients if there is a question as to whether the disability will last for 12 months, do not give up on the claim.  If the disability is preventing you from performing SGA, as stated above, it may be in your best interest to appeal your disability claim if you are unsure as to whether you may recover from your disabling condition.  Also, due to the lengthy hearings process in your Social Security disability appeal you may have very well met the durational requirement before you find yourself before an Administrative Law Judge (ALJ). 3.  Don’t jeopardize your “date last insured”.  Based on your work history and paying into the Social Security system you will establish a dale last insured.  A Social Security disability claimant must prove they became disabled before the date last insured in Title II also known as Social Security Disability Insurance (SSDI) claims. 4.  Also in Title II or Social Security Disability Insurance (SSDI) claims … Continued

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