DISABILITY APPROVAL GUIDE - SOCIAL SECURITY'S EVALUATION SYSTEM

Here is what the law requires Social Security to do in order to determine if you meet the definition of "disability" and qualify for benefits.

1)  Determine whether you are present working at "substantial gainful activty."  In 2014, this means earning at least $1,070 per month, gross.

2)  Find that you have one or more severe medically determinable impairments (other than drug or alcohol abuse).  A doctor's medical record is essential at this step.

3)   Find out whether your impairment is severe enough to meet a Listing.  If not, Social Security must determine your "residual functional capacity," which means the most you can do with regard to work related activity.

4)  Determine whether you can perform any of your past relevant work--which is usually the work you have performed at substantial gainful activity level during the past 15 years (and did the work long enough to learn how to do it).

5)  If you cannot return to any past relevant work, they must determine if you can do any other work in the US economy.  (This is where most claims are denied, at step 5).

Your representative or attorney will carefully review all 5 steps in evaluating your case.  Most cases are decided at step 5 (above).  Therefore, it is necessary to prove that you cannot perform any of the millions of jobs which exist in the United States economy because of physical or mental impairments, or both.  This is a very tough burden.  This is also why an experienced disability representative should assist you with your claim--especially if it is going to a hearing where a judge will decide whether you can get benefits.

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