The Durational Requirement Will Affect Your SSDI Claim
The process of applying for Social Security Disability Insurance is a long process that is often full of surprises. One of these surprises that many people are shocked to discover is a condition known as a durational requirement. If you plan to file for disability assistance anytime soon, it's a good idea you learn more about what this requirement is and how it will affect your claim.
The durational requirement is very much a benchmark that the Social Security Administration uses to determine who is and who is not eligible for disability assistance. As a part of this requirement, there must be documentation to show that the condition for which the person is applying for benefits is one that will last for at least 12 months. As a result, if the medical records show that the individual can fully recover within 10 months, their disability is likely to be denied.
Here are some of the considerations that could affect your ability to meet the durational requirement.
The Social Security Administration does provide some variance in the time constraint when it comes to the recovery period. For example, if a person suffered an injury that would heal in 8 months but required another 5 months of recovery, the applicant may be able to include the recovery time within their durational requirement. Since the recovery period would take him or her over the 12-month threshold, they might have a better opportunity to gain benefits.
One thing you cannot do is combine or stack injures to extend the time of recovery. For instance, say someone fell and injured their back and leg. The leg condition is expected to heal within 6 months and the back condition within 7 months. The individual cannot combine the months to make 13. Each condition must separately meet the durational requirement.
Unpredictable medical conditions, such as those that flare up, are also considered when it comes to the durational requirement. Typically, applicants with these types of conditions don't have to provide evidence that they have flareups that last for at least 12 months. However, they do have to show that throughout a 12-month period, the flare-ups are severe enough that they affect their ability to work as they normally do.
If you have questions about the durational requirement or you need any additional assistance with filing a claim, remember that a disability claim attorney can help you through every part of the process.