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MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death.

This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act.

You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered.

What you will need to document for your medical and/or mental impairment(s):

 A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professionals who have provided treatment.  Without adequate and current medical evidence, there is little or no chance of qualifying for SSDI benefits. The regulations REQUIRE medical evidence.

Old medical records without recent updates are generally not sufficient to determine that you are now disabled.  My rule of thumb (and it's my rule), you don't have "current medical evidence" if you haven't seen a doctor within about one year.  Depending on the type of impairment, I prefer to see a claimant who goes to the doctor every 3 to 6 months.

In many cases, we need imaging, such as X-Rays, MRIs, CT scans or echocardiograms.  This would be especially useful in cases involving orthopedics:  problems like back pain, shoulder, neck, leg or hip pain.  You can think of many other conditions that are better explained with images.

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Charles W. Forsythe is a founding member of The Forsythe Firm in Huntsville, AL.  He is successful in guiding claimants in Social Security disability claims and appeals.  He specializes in hearings.  For a free consultation call (256) 799-0297. 

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