How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
What Is A Social Security Durational Denial?
A disability for social security purposes is any physical or mental condition that prevents an individual from performing work at a substantial gainful level for twelve months, or which can be expected to prevent an individual from working for twelve months. When a condition is disabling, even according to social security guidelines, but does not last for 12 months, or improves before a twelve month period elapses, the claim may be denied for duration.
Durational denials have been somewhat controversial for Social Security because they are based upon a forecast of recovery. Disability examiners evaluate a disability applicant’s medical information and determine if they feel the applicant will be unable to perform work at a substantial gainful activity level for at least twelve months.
If the disability examiner determines that a disability applicant’s medical condition is likely to improve within twelve months, they may deny the disability claim. This is a durational denial for disability benefits.
As stated, the problem with durational denials is that forecasts tend to be very subjective. Often, disability examiners give durational denials for disability cases that involve traumatic injuries, injuries sustained in an accident, surgical interventions, or other impairments that have some chance of improving to a “finding of not disabled” prior to the end of the twelve month durational period.
However, there have been times when disability examiners routinely denied disability claims on the basis of duration that involved severe mental impairments and other conditions that have very little chance of medical improvement.
Disability examiners with no formal medical training make Social Security Disability determinations with input of their managers, case consultants and unit medical professionals. Each individual involved in deciding the disability claim is subject to their own biases with regard to an individual’s chance of medically improving. This is why durational denials tend to be some of the most subjective in nature.
If an individual receives a durational denial, they should appeal that decision all the way to an administrative law judge disability hearing if necessary, even beyond that to an Appeals Council review. The chances are they will win their disability case at an ALJ hearing; if they do not win, they have a choice to file another disability claim or appeal the ALJ decision to the Appeals Council.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
How to Appeal a disability claim denial from Social Security
Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits
What is a Social Security Disability Denial based on?
Are there ways to avoid being denied for SSI or Social Security Disability?
What does a Disability Denial Letter from Social Security say?
Reconsideration of a Social Security Disability denial- what does it involve?
What to do if you receive notification of a Social Security Disability or SSI claim denial
If you receive a Social Security Disability Denial quickly does that mean the case is weak?
What happens if my SSI or Social Security Disability Application is denied?
Social Security Disability Denied — The Reasons Why (medical denials)
For your Social Security Disability claim, submit whatever medical evidence you have
If you apply for disability in Maryland
Will I qualify for disability benefits in Maryland?
Getting a Disability Lawyer in Maryland
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.