Social Security Disability
How Disability is Determined
Two things must happen first. The SSA must determine whether you worked long enough to qualify and will evaluate any current work activity. Once the SSA is satisfied they will send your application to the Disability Determination Services office in your state. The local state agency follows up with doctors, specialist, hospitals, clinics and institutions to gather all the facts for determining your disability. The things they will ask your doctors are:• What is your medical condition?
• When did your medical condition begin?
• How does your condition limit you?
• What the results are of any medical tests; and
• What treatment have you received?
Your doctors will not be asked if they think you are disabled, but they will be asked what limitations you may have for walking, sitting, lifting, carrying and remembering instructions.
If more medical information is needed and is not available from your current medical sources, then you may be asked to do another exam. The exam usually is done by your doctor , but if for some reason they cannot do the exam, another doctor may be chosen. Social Security will pay for the exam and some travel expenses.
How the Decision is Made
There is a five step process in making this decision.1. Do you currently work?
If you are working and your earnings average more than a certain amount each month, the SSA generally will not consider you disabled. The amount changes each year.
If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.
2. How "severe" is your medical condition?
For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities, such as walking, sitting and remembering, for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
3. Does Your medical condition appear on the list of impairments? The state agency has a "List of Impairments" that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
4. Are you able to do the same work as before? At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.
5. Are you able to do another other work? If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled.
Issue Topics
- Social Security Disability
- Earnings Requirements
- Applying for Disability
- Determining Disability
- How It's Decided
- You Will be Notified
- The Appeal Process
- Appeal Levels Explained
- Reconsideration
- Appeals Council
- Federal Court
- VA Benefits
