Stages of a Claim – Lee Ann Torrans
Are you Disabled? How does Social Security determine if you are disabled?
Social Security Administration's Test for Disability
The test for Social Security Disability or SSI is the same.
The Test:
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.
Five Step Process
Step One: Social Security will determine if you are working.
In 2007, if your earnings average more than $900 a month Social Security will
consider you working at Substantial Gainful Activity (SGA) level and usually
they will find you not disabled.
Step Two: Do you have a condition that Social Security considers "severe."
Social Security will consider your impairment(s) severe if your impairment
intereferes 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. For a better understanding
and to see these listings see the Medical Listings page.
Child Listings are different.
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 can not 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.
RFC Form
An RFC forrm which fully describes your limitations that prevent you from performing
your past work completed by your physician is essential.
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.
GRID Rules
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.
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