• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

Has your disability claim been wrongfully denied or terminated? Call us today for help!  (888) 321-8131

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter
  • YouTube

OLF Ortiz Law Firm National Disability Attorneys

We appeal wrongful long term disability insurance and Social Security Disability denials.

  • ABOUT US
    • Our Team
    • Our Results
    • Areas We Serve
    • Core Values
  • PRACTICE AREAS
    • Initial Application
    • Request for Reconsideration
    • Hearing Before an Administrative Law Judge
  • RESOURCES
    • Top 10 Mistakes That Will Destroy Your Social Security Disability Claim
    • SSD Training Webinar: Knowing What Wins
    • Physical RFC Form
    • Mental RFC Form
  • BLOG
  • Search
  • CONTACT
  • ABOUT US
    • Areas We Serve
    • Testimonials
    • Our Team
      • Nick Ortiz
    • Our Office
    • Core Values
    • Referring Attorney Program
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Buyout Offers
    • Social Security Disability Claims
      • Initial Applications
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • Cigna
    • Guardian
    • Hartford
    • Lincoln Financial
    • Matrix Absence Management
    • MetLife
    • Mutual of Omaha
    • Northwestern Mutual
    • New York Life
    • Principal
    • Prudential
    • Reliance Standard
    • Standard
    • Unum
  • RESOURCES
    • Blog
    • Free Downloads
    • Lump Sum Disability Buyout Calculator
    • FAQ: Long Term Disability
    • FAQ: Social Security Disability
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT

Mobile Menu

Schedule A Free Consultation Now!

Find out how our law firm can help you win your case or you don’t pay a cent.

(888) 321-8131

  • ABOUT US
    • Areas We Serve
    • Testimonials
    • Our Team
      • Nick Ortiz
    • Our Office
    • Core Values
    • Referring Attorney Program
  • PRACTICE AREAS
    • Long Term Disability Claims
      • Administrative Appeals
      • Lawsuits
      • Lump-Sum Buyout Offers
    • Social Security Disability Claims
      • Initial Applications
      • Request for Reconsideration
      • Hearing Before an Administrative Law Judge
    • Personal Injury Claims
  • DISABLING CONDITIONS
    • Long Term Disability
    • Social Security Disability
  • INSURANCE CARRIERS
    • Cigna
    • Guardian
    • Hartford
    • Lincoln Financial
    • Matrix Absence Management
    • MetLife
    • Mutual of Omaha
    • Northwestern Mutual
    • New York Life
    • Principal
    • Prudential
    • Reliance Standard
    • Standard
    • Unum
  • RESOURCES
    • Blog
    • Free Downloads
    • Lump Sum Disability Buyout Calculator
    • FAQ: Long Term Disability
    • FAQ: Social Security Disability
    • Abbreviations in Social Security Disability Claims
  • Search
  • CONTACT
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube
You are here: Home / Social Security Disability / Special Issues Concerning The Social Security Disability One Year Rule

Special Issues Concerning The Social Security Disability One Year Rule

July 21, 2020 //  by OLF//  Leave a Comment

At least one of the disabling impairments must satisfy the one-year duration requirement to qualify for Social Security disability. Thus, if a claimant has two severe impairments that last less than one year each, but in combination last more than one year total, such individual may not be eligible for benefits.

An example should clarify this a bit more. Let’s say that Mr. Smith suffers a fractured spine in an automobile accident on January 1, 2010. He undergoes immediate surgery and applies for disability. He is denied and files for reconsideration, but is denied reconsideration and files for a hearing before an Administrative Law Judge.

Meanwhile, he goes through eight months of post-surgery physical rehabilitation therapy. Mr. Smith has a miraculous recovery and is preparing to return to work on September 1, 2010, when he is diagnosed with cancer. Mr. Smith does not return to work and undergoes 9 months of chemotherapy. It is now July 1, 2011. Mr. Smith’s cancer treatment is a complete success, and his cancer is in complete remission. Mr. Smith returns to work on July 15, 2011.

The hearing on his Social Security Disability claim is scheduled for August 1, 2011. Mr. Smith attends the hearing and argues for a “closed period” of benefits from January 1, 2010, to July 1, 2011. He argues that he was out of work for one-and-a-half years due to a combination of impairments, and thus satisfies the one-year durational requirement. However, Mr. Smith is likely to be denied benefits because neither impairment individually lasted at least 12 months. A harsh result given Mr. Smith’s terrible ordeal.

FacebookTweetPinLinkedInPrintEmail

Category: Social Security Disability

Recent Posts

  • Marselle v. Unum – Kentucky District Court Finds Unum Made a “Reasoned Determination”
  • Foss v. Standard – “Own Occ” is With Any Employer, Not With Specific Employer
  • SSA Grid Rules Explained
  • What is a Trial Work Period? [2022 Update]
  • Can A Doctor Refuse To Fill Out Disability Forms?
Previous Post: « Speaking Engagements
Next Post: Submitting Evidence To Social Security »

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Top Ten Mistakes That Will Destroy Your Long Term Disability Claim

View All Resources


Janet Q.

Very professional! He and his staff do there very best to win your case. He is very hands on and stays in touch with you. I am very pleased with my experience with his law firm and would recommend anyone to him.

View All Testimonials

Complete this CONFIDENTIAL form or call (888) 321-8131 for a FREE case evaluation

  • This field is for validation purposes and should be left unchanged.

Practice Areas

  • Long Term Disability Insurance and ERISA Disability Insurance Claims
  • Social Security Disability Claims
  • Personal Injury Claims

Footer

Location

ORTIZ LAW FIRM
(888) 321-8131

316 S Baylen St
Ste 590
Pensacola, FL 32502
Monday - Thursday: 9:00 AM - 5:00 PM Friday: 9:00 AM - 2:00 PM
Saturday - Sunday: Closed

Our Team

  • Nick Ortiz
  • Jessica Ortiz
  • Dawn Keller
  • Tory Nelson

Practice Areas

  • Long Term Disability Insurance and ERISA Disability Insurance Claims
  • Social Security Disability Claims
  • Personal Injury Claims
  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

Site Footer

©2020 Ortiz Law Firm, All Rights Reserved. Reproduced with Permission | Disclaimer | Privacy Policy

Share this ArticleLike this article? Email it to a friend!

Email sent!