Step 2(a): Duration Requirement

Step 2(a): Duration Requirement

Earlier, we noted that in order for a disability to meet the requirements of the Social Security Act, the impairment must be severe. Related to this, is the requirement that the disability continue to be severe for 12 consecutive months or result in a death. 20 C.F.R. Section 404.1509.
What the SSA is obviously trying to do is exclude those conditions that go into remission or decrease in severity. Examples would be recovery from a traumatic accident or recovery from a serious surgery. The converse is true, however. If an impairment does "wax or wane," but is active enough to prevent a person from engaging in substantial gainful activity for a sustained basis, a claimant might have a strong possibility of meeting the duration requirement.
What about the situation where a denial occurs before the duration requirement is met and the impairment seems to be the kind that will improve within 12 months? It is our experience, that in most cases, the 12 month issue is resolved before the hearing. The sheer volume of the cases results in a slow administrative process and will eliminate the issue of whether a disability will heal.
However, nothing is for sure and guaranteed. In order for you to have your best chance at obtaining disability benefits, contact a Dallas Social Security Disability Lawyer for an initial case evaluation.
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