The assistance of Detroit Social Security disability lawyers is invaluable in meeting the requirements of the Sequential Evaluation process in order to be awarded Social Security disability benefits. This five-step process has various elements that must be met in order for the claimant to be awarded disability benefits.
The Duration Requirement
The duration requirement of step 2 of the Sequential Evaluation process is a mandatory element that Detroit Social Security disability lawyers always make sure their client meets when applying for Social Security disability benefits.
Generally, unless your impairment is such that it is expected to result in your death, it must have lasted or be expected to last for an uninterrupted period of no less than 12 months. This requirement is typically not an issue for the mental or physical conditions that have constantly varying intensity levels or have short stages of remission but that remain active long enough to prevent you from being gainfully employed. Your Detroit Social Security disability lawyers can give you additional advice with regards to your specific case.
One of the main reasons for a claimant’s denial on the basis of failing to meet the duration requirement is that the duration requirement was not met at the time the Social Security Administration (SSA) made its decision and the impairment was of the type that was likely to get better within a 12-month period. If you are suffering from a disability that may not improve within this 12-month period, the SSA may choose to delay the case to see if your physical or mental impairment continues for at least a 12-month period.
This duration requirement is usually not an issue once you get to the disability hearing stage due to the length of the waiting period during the appeals process.
For more information about the duration requirement or to schedule a free consultation with one of the Detroit Social Security disability lawyers at the Law Offices of Marc J. Shefman, please call (248) 298-1300. You can also complete the short intake form located on this webpage.