As part of our continuing Q&A section on Social Security Disability and SSI benefits:
How does Social Security Determine Disability?
They use a five-step process to decide if you are disabled. Here are the questions Social Security asks:
- Are you working?
If you are working and your earnings average more than a certain amount each month, you generally will not be considered disabled. The amount you can earn changes each year, for the current figure across all the programs, see: http://www.socialsecurity.gov/pubs/10003.pdf. 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. Is your medical condition "severe"?
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. Is your medical condition 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. Can you do the work you did 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. Can you do any other type of 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.
How does Social Security define disability?
Social Security defines "disability" as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for continuous period of not less than 12 months."
If you need more information about a personal injury matter (car wreck, truck accident, boating accident, slip and fall, etc.), SSD/SSI matter, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611 or through our website at www.farmerdreiser.com.