602. Impairment Lasting or Expected to Last at Least 12 Months
602.1 When does your impairment meet the 12-month duration requirement?
To meet the duration requirement, you must have a medically determinable physical or mental impairment which can be expected to result in death, or which has lasted or can be expected to last for at least 12 months in a row. The duration requirement may be met even though recovery is expected to occur after the 12-month period (see §507.1). This is provided your impairment keeps you from engaging in substantial gainful activity (see §603.1) for at least 12 months in a row.
(See §509, which describes the application requirements for entitlement to a period of disability.)
(Also see §506.1.A.2, which describes the trial work period and extended period of eligibility (EPE), once you have been found to be "disabled" under the Social Security Act.)
602.2 Does the 12-month duration requirement apply to SSI benefits?
Yes. The 12-month duration-of-disability requirement also applies in establishing disability for SSI applicants.
Note: There is no duration requirement for SSI payments based upon statutory blindness.
Last Revised: Jul. 25, 2006
There are 4 Comments
non curable
does chronic fibromyalgia count ?
Chronic fibromyalgia as a disability
The following link discusses the evaluation of Fibromyalgia relevant to disability claims :
http://www.ssa.gov/OP_Home/rulings/di/01/SSR2012-02-di-01.html
Child with Type I Diabetes
Recently applied for Medical Assistance under the MA Loophole. Is it possible to qualify for SSD for a child if he's never worked?
Child Disability and Social Security
The short answer is yes, a child may qualify for Social Security disability benefits if he's never worked.
If you're in a low-income household, the child may qualify for SSI benefits. Children from birth up to age 18 may qualify for Supplemental Security Income (SSI) benefits. They must meet Social Security's definition of disability for children and the parents and child must have low income and few resources.
Children age 18 and over who have a disability that began before age 22 may qualify for Social Security disability benefits from a parent's record. They must meet Social Security's definition of disability for an adult and have a parent who is receiving benefits or is deceased and worked long enough to become insured.
http://ssa-custhelp.ssa.gov/app/answers/detail/a_id/156/
http://www.ssa.gov/disability/disability_starter_kits_child_eng.htm