Durational denials are part of the denial process administered by the Social Security Administration. An individual may get a notice of durational denial when a disability examiner finds that a claimant’s medical condition has not lasted or is not expected to last for at least twelve months. Even if you are working, if your ability to work falls below federally-determined substantial gainful activity levels, you can apply for disability benefits. However, you must show that your substantial gainful activity levels have met federal requirements for at least twelve months or are projected to do so.
The twelve-month time frame is the key factor that the Social Security Administration uses in its definition of disability. Disability projections are another determining factor in how benefits are approved or denied. Unfortunately, projections can be based on the subjectivity of the disability examiner evaluating the claim.
Durational denials are one of the more common types of denials involved in a Social Security Disability claim. If you have received a durational denial, you will have to go before the Office of Hearings and Appeals to present your case and to contest the durational projection. Durational denials have become a highly controversial aspect of the Social Security Disability claims process because of the frequency at which they occur. Thus, those who are going through this process are encouraged to present as much documentation as possible when filing their claims.
