Durational Denials

A durational denial of a disability claim occurs when a disability examiner determines that a claimant's medical condition has not been disabling for at least a 12 month period, or cannot be projected to be disabling for at least that long. The durational deficits regarding a disability claim decisions are based on medical projections that are extremely subject evaluations on the part of the DDS examiner, as well as on the part of the DDS medical consultant with whom the examiner must consult prior to rendering a decision on a claim.

Fast Facts

  • Every disability determination is to some degree, a subjective and interpretative event, but forecasting whether or not a claimant's condition will exacerbate or remiss within a 12 month period is even more so a completely subjective assessment not based on genuine fact.
  • A claimant can file a disability application as soon as their condition prevents them from working, or their earnings drop below the substantial gainful activity level as a result of their condition.

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