Are
you Disabled? How does Social Security determine if you are disabled?
Social
Security's definition of disability
for individuals applying for Social Security Disability or SSI is the same. It
is the inability to engage in any substantial gainful activity (SGA) by reason
of any 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
a continuous period of not less than 12 months.
Social
Security's 5 step process to determine disability.
Step
One: Social Security will determine if you
are working.
If your earnings average approximately than
$1,000.00a month Social Security will consider you working at Substantial
Gainful Activity (SGA) level and usually they will find you not disabled. If
you are self-employed this can get a bit more complicated.
Step
Two: Do you have a condition that Social
Security considers "severe."
Social Security will consider your impairment(s)
severe if your impairment interferes with basic work related activity. If they
find your condition not "severe," they will find you not disabled.
Step
Three: Social Security will decide if your
condition is a "listed" impairment.
If your condition is on Social Security's list and
severe enough to meet the requirements of a listed impairment, you will be
found disabled. If your impairment is not on the list, Social Security will
determine if your condition is equal to the severity of one of the listed
impairments. So, if Social Security finds that you meet or equal a listed
impairment, you will be found disabled. Please note: just because your
condition has the same name as a condition on the listing does not mean you
meet the listing. Your condition must meet the requirements of that particular
listing to be found disabled.
Step
Four: Social Security will decide if you can
do your previous work.
If Social Security decides that your condition is
severe but your medical condition does not meet or equal a listing, then they
will determine if your impairments keep you from being able to perform your
past work. If Social Security decides you can perform your past work, they will
find you not disabled. In other words, jobs you have performed have certain
exertion and non-exertion requirements in order for you to perform them. For
example, if your previous job required you to lift 50 pounds and your medical
condition limits you to lifting only 10 pounds, you would not be able to
perform that particular prior work. If Social Security determines you cannot
perform all of your prior work for the past 15 years, then you go to the next
step. If they find you can perform any of your past work, then they will find
you not disabled.
Step
Five: Social Security will determine if you
can do any other work.
If Social Security determines that there is a
significant number of jobs in the local or national economy that you can do,
then you will be found not disabled. At this step, Social Security will
consider your age, education, past work experience and any transferable skills
to other jobs you might have. To understand this step in the process, you must
have an understanding of the GRID Rules. See the GRID Rules page of this site
for a detailed explanation. If Social Security finds you can adjust to another
type of work, they will find you not disabled. If Social Security finds you
cannot adjust to other work, you will be granted Social Security disability
benefits.
So you might be thinking right now am I disabled?
The best I can tell you is to keep reading this site and try and understand as
best you can every aspect of Social Security Disability. Write down or print
these steps. This is the steps that someone at Social Security will use to
determine if you are disabled. If you are not working and you have a serious
condition and are getting medical treatment you can probably focus on the last
three steps. First, study the medical listings in this site and find if your
particular impairment is listed. If it is learn what you have to prove to meet
that listing. Even if you think you meet a listing you should study the other
steps because Social Security might not see it the way you do. Second, think
about your past work. What did you do on that job. Why can't you do it now? Did
your doctor fill out an RFC that shows your limitations would prevent you from
performing your past work. Next, can you perform any other work? This can be
rather complicated. But again it will be determined by the limitations that the
RFCs from your doctors and Social Security Employees provide. The GRID Rules
are important here and you must understand them. But even if you do not fit an
exact winning profile of the grid rules and have non-exertional limitations you
can still be found disabled. If you are under 50 years old chances are the
non-exertional impairments will be key to winning your claim.
SOCIAL SECURITY WEBSITE
https://secure.ssa.gov/RIL/SiView.do
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