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How does the duration requirement impact SSD benefits?

When Georgia residents are seeking Social Security disability benefits because they are injured, ill or suffering from a condition that prevents them from working, it is crucial to remember that there must be evidence provided to show that the application should be approved. This can be worrisome and complicated, especially when a person is in desperate need of the SSD benefits. However, to avoid the mistakes and denials that often come with failure to give the Social Security Administration the information it needs to make an informed decision, it is wise to have legal help.

The duration requirements are a key factor and should be understood. A person who is seeking SSD benefits must have the impairment for a minimum of 12 months or have it be expected to end in death. For those who are applying before the impairment has reached 12 months, the requirement could be met if a medical recovery - if possible- will be expected to occur after 12 months. The impairment must keep the person from taking part in substantial gainful activity (SGA) for 12 consecutive months.

For many applicants, their impairment is not singular, meaning they have other impairments too. They might wonder if their impairments can be combined to meet the 12-month duration. Unfortunately, that is not possible if neither of the impairments is expected to last for 12 months even if one came about after the other. The severity of the impairment is imperative when there are two or more impairments that are in place concurrently. There must be a 12-month long severity and it prevents the person from engaging in SGA to meet the federal requirements for an approval.

An applicant must be aware of all aspects of the SSD benefits process from the beginning. A fundamental part of that is the impairment itself and the duration for which it is expected to last. To avoid mistakes in this area and to ensure that the proper evidence as to the duration of the issue is provided, a law firm that helps its clients with Social Security disability from start to finish is essential. Calling for a consultation should be done immediately to prepare the application and move forward with the case.

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Our founding partners each have more than 20 years of experience in disability law, and they have a high success rate in administrative appeals and litigation in SSDI, workers' comp and long-term disability claims involving ERISA. Contact our Atlanta office today to discuss your needs.

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