Fox & Fox Co. L.P.A.
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What should I know about the 12-month requirement for disability?

When an Ohioan has an injury or condition that is of sufficient severity that they believe they will be approved for Social Security Disability (SSD) benefits, it is more than a simple matter of applying and getting the benefits. There are requirements that must be met. One that is key is the determination that the impairment is either expected last for 12 months or will end in the person's death. Understanding important points about this rule is imperative to a claim.

The applicant's impairment does not need to have lasted for 12 months when the decision is made. It must, however, be expected to meet that requirement before there is a recovery. The impairment must prevent the person from being able to take part in substantial gainful activity for a minimum of 12 consecutive months.

Some people have two separate impairments. These cannot be combined to meet the duration requirements. For example, if the person has a severe impairment and then suffers from an unrelated and severe impairment, but neither will last for 12 months, there cannot be a finding for disability. Should the issues be concurrent, the Social Security Administration will decide if the impairments will be severe for 12 months. For people who are getting Supplemental Security Income, the 12-month duration requirement also applies to them except in cases where the applicant has statutory blindness.

Suffering from an injury or condition that makes it impossible to take part in substantial gainful activity can be a worrisome time financially and personally. Making ends meet and not knowing how to get treatment for the issues can be terrifying. SSD benefits are available for those who qualify. One of the requirements is the 12-month duration for which the issue must last. For help with this issue or anything else related to Social Security disability, a law firm that specializes in SSD benefits can help.

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