The Social Security Administration uses a five-step sequential evaluation process to review all applications for Social Security disability benefits. Every claimant must meet the requirements of Steps 1 and Step 5 in order to be granted benefits. However, your disability must meet the duration requirement of Step 2 of this process. The Social Security application process is an uphill battle that demands the help of a Los Angeles disability attorney.
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 those 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 Los Angeles disability attorney 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 because the requirement was not met at the time the Social Security Administration 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 Social Security Administration may choose to delay the case to see if you continue to be disabled.
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 a free consultation with an experienced Los Angeles disability attorney, please contact Sima Aghai at (714) 893-6064.
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SECURITYS 5 STEP EVALUATION PROCESS