Overview of Disability
Disability Back Pay
Disability Advice Tips
How long do cases take?
How to win Disability
SSD Mistakes to avoid
Disability for Mental
What if you get denied?
How to file Appeals
Disability through SSA
SSI Disability Benefits
Disability for Children
How do I qualify for it?
Working and Disability
Disability Award Notice
Disability Lawyer Q&A
Disability Conditions List
What is a disability?
Your Medical Evidence
Filing for your Disability
SSD SSI Definitions
SSDRC authored by
SSDRC Disability Blog
Can you be denied because of duration, i.e. how long a condition lasts?
A sizeable percentage of denials issued by the social security administration on disability claims are durational in nature.
What is a durational denial? The phrase simply means that an SSD or SSI claim was turned down because the disability examiner assigned to the case concluded (based on a review of the medical evidence) that the claimant's condition would not be disabling for twelve months or longer.
In retrospect (i.e. when prior decisions are reviewed by representatives -- lawyers or non attorneys), durational denials are often ill-formed creatures, mainly because the subjective nature of disability adjudication (decision-making on disability claims is supposed to be an objective process, however if you give three disability examiners the same case to work on, you may end up with three different decisions) can be even more pronounced.
Think of it this way. When a disability examiner denies a claim based on duration, this is being done by an individual with no formal medical training. And when the disability examiner who issues this denial confers with his or her unit medical consultant, the consultation is provided by an individual who has never treated the claimant in question. Yet, the examiner and the DDS consultant are both attempting to extrapolate a prognosis regarding the future outlook for a claimant's medical condition.
In theory, there's nothing wrong with durational denials. However, a fair number of these denials are probably somewhat shaky (a good example of this shakiness is when disability claimants who have severe mental impairments are issued a denial based on duration).
Return to: Social Security Disability Resource Center, or read answers to Questions
Social Security Disability SSI denied by examiner
Going to a disability hearing with a lawyer
Do you meet the disability attorney before the hearing?
How to file for disability in Arizona
Kidney Disease and Filing for Disability
How long can you receive SSI or Social Security disability benefits?
Filing for disability with carpal tunnel syndrome
Filing for disability with Post polio syndrome
Tips for Getting Disability Approved
SSI disability Application Requirements
What A Social Security disability determination is based on
Are you required to have an attorney at a disability hearing?
How to file for disability in kansas
Filing for disability with neuropathy
Should you get a Disability Lawyer before you File?
Information on the following topics can be found here: Social Security Disability Questions and in these subsections:
Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI
These pages provide answers to basic questions about pursuing disability benefits
My Social Security Disability SSI appeal status
Disability back pay, how it works
Eligibility criteria requirements for disability
Qualifying requirements for disability
Decision on disability case, are you eligible for a disability award
When is a Person Considered Disabled by Social Security?
Forms to appeal a Social Security Disability denial
Permanent disability benefits
How to qualify for disability with depression
If Social Security sends you to a psychiatrist
Disability denied twice
How to claim disability
How many times will Social Security deny you?
Applying for Disability with high blood pressure
Will my children get benefits if I get approved for disability?
How much time for a decision on a disability claim?
Can you work if you get an SSI disability check?
How to File for SSI
Filing for disability, how to apply for SSD, SSI
Social Security Disability SSI and Fibromyalgia
How to get disability
How to appeal a disability denial