A key requirement for qualifying for Social Security disability benefits is that your disabling condition has lasted or is expected to last for at least 12 months. If Social Security is not convinced that your impairment will prevent you from working for this length of time, they will deny your claim. This is known as a durational denial.
Typically it is not hard to determine how long you have been impaired. Medical records can provide the necessary proof. What is harder to determine is how long your condition is expected to last. Often this is a subjective judgment. Your doctor’s opinion will factor into this decision, but Social Security’s Disability Determination Services examiner and the DDS medical consultant assigned to your case will have the final say.
Durational denials are particularly common in cases of car accidents or other traumatic injuries and disabilities that occur after major surgeries. While Social Security accepts the fact that you will be disabled during a recovery period, the agency says you must somehow prove that you will be totally disabled for a year or more to qualify for disability benefits.
Durational denials are regularly reversed at appeal hearings. If your initial application for disability benefits has been subject to a durational denial, it is worth examining whether or not you have a possible case for appeal. However, you must act quickly. Social Security regulations require that you must file an appeal with sixty days of the date you received your denial letter.
Contact Us Today for a Free Social Security Disability Claim Evaluation
If you have been unfairly handed a durational denial, contact us at Cuddigan Law for a free and honest evaluation of your case. Our experienced social security disability attorneys can let you know if you have a chance of winning your appeal. They can also help you file your application to insure that the paperwork is completed properly and on time.
