12 MONTH DURATION RULE

The duration rule simply states that you must have an impairment that has lasted, or can reasonably be expected to last, for 12 consecutive months to get Social Security disability.  And you can't piece together different impairments to meet the duration rule.

For example, John had a car wreck that kept him out of work for 6 months while he recovered.  That doesn't meet the duration requirement.  However, as soon as he was well from the car wreck, he had to have unrelated surgery which kept him off work for an additional 7 months.

Even though John was off work for a total of 13 months, he does not meet the duration requirement because of two separate impairments, neither of which lasted 12 months by itself.

The duration rule does NOT mean that you must wait 12 months to file a claim.  If you have at least one impairment that is expected to last 12 months or longer, you may go ahead and file a claim immediately.  Your doctor should provide information that the impairment will not be resolved within 12 months.  This will satisfy the duration rule.

 

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