Social Security Disability Lawyers

How does the Social Security Administration Define Disability?

STEP 2: Is Your Condition Severe?

Your condition must significantly limit your ability to do basic work such as lifting, standing, walking, sitting, and remembering – for at least 12 months. If it does not, Social Security will find that you are not disabled. How do you prove that your condition is severe? Your medical records are very important in proving disability.  Also, knowing what questions to pose to your doctor in getting a residual functional capacity form can make the difference in your case.

If your condition does interfere with basic work-related activities, we go to Step 3.

STEP 3: Is Your Condition Found in the List of Disabling Conditions?

For each of the major body systems, Social Security maintains a list of medical conditions that it considers so severe that it prevents a person from completing substantial gainful activity. This Listing of Impairments is broken down into “Adults” and “Children” lists and are then further categorized by the type of impairment.  The conditions are currently divided into 14 categories, according to body system:

• Musculoskeletal System Impairments
• Special Senses and Speech Disorders
• Respiratory System Impairments
• Cardiovascular System Impairments- such as chronic heart failure
• Digestive System Impairments
• Genitourinary Disorders
• Hematological Disorders (such as sickle cell disease, chronic thrombocytopenia, and chronic anemia)
• Endocrine Disorders
• Neurological Disorders
• Skin Disorders
• Mental Disorders
• Cancer (Malignant Neoplastic Diseases)
• Congenital Disorders that Affect Multiple Body Systems
• Immune System Disorders

If your condition is not on the list, Social Security has to decide if it is as severe as a medical condition that is on the list. If it is, Social Security will find that you are disabled. If it is not, then go to Step 4.

STEP 4: Can You do the Work You did Previously?

At this step, Social Security will decide if your medical impairment(s) prevents you from performing any of your past work. If it doesn’t, Social Security will decide that you don’t have a qualifying disability. If it does, then proceed to Step 5.

STEP 5: Can You do any Other Type of Work?

If you can’t do the work you did in the past, Social Security will then look to see if there is other work you could do despite your impairment(s). A host of factors are considered at this step including not just your medical conditions, but your age, education, past work experience, and any transferable skills you may have. The rules are different depending on your age-most notably at ages 50 and 55.  In addition, if your past work involved standing, lifting, or was skilled work, that may be a big difference in finding you disabled. If you can’t do other work taking into account those factors, Social Security will decide that you are disabled. If you can do other work, then Social Security will decide that you don’t have a qualifying disability and your claim will be denied.