Basic Process for Social Security Disability

Social Security has a definition for disability. The definition for Social Security Disability is as follows:

...the inability to do any substantial gainful activity 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 continuing period of not less than 12 months....

Substantial gainful activity is, basically, one's utmost physical and mental abilities put to task for which payment is received.

Medical Information for Social Security Claims

Decisions are based upon the clinical evaluations and treatments of a Claimant's doctors, therapists, and all other corroborating evidence from treatment professionals. These include diagnostic testings such as: x-rays, EKGs, EEGs, MRIs, etc. These also include trips to the emergency room, doctor/therapist visits, medication regimes, virtually every aspect of the medical/psychological treatment a client has and is undergoing.

Though Social Security has its own team of medical experts, the decision makers place weight upon the evaluations of the Claimant's own professional medical providers, because these people have established a rapport with the Claimant and know the Claimant's condition(s) the best.

Criteria for Social Security Disability Claims

Remember, Social Security is looking to determine whether or not the Claimant can do either his or her current/last form of employment or any employment found within the national economy. Some examples are:

• Level of concentration: is the Claimant able to focus upon tasks? Are there any mental restrictions? The restriction(s) must be severe enough to prevent the Claimant from adequately focusing upon the tasks.
• Physical abilities: are the physical impairments severe enough to prevent the Claimant from executing the assignments of his/her job or any other job within the national economy?
• Does the information contained within the Claimant's medical records support the severe levels of impairment?
• Are there any inconsistencies either in the testimony of the Claimant or the medical evidence? Note: credibility is an important factor in the disability determination.

Social Security's 5-Step Process for a Disability Ruling

1. Is the Claimant currently involved in substantial gainful activity?
2. Is/are the Claimant's impairment(s) severe?
3. Is the severe impairment severe enough to equal a listing? Social Security breaks down the body and mind into a number of different systems. For each system there are a number of impairments. For each impairment there are criteria that need to be met. If they are met, per medical evidence, the process ends here and the Claimant is deemed disabled. If the impairment(s) do not meet a listing, the process then advances to step 4.
4. For this step Social Security must assess whether or not the Claimant can return to past work.
5. Frameworks where age, type of work, skills and education are broken down into different categories are then used to determine disability. For instance, if the Claimant is young, with a college education, it is more likely he/she will be found not disabled, because of the transferable skills a college education implies.

Source

Richard C. Ruskell, Social Security Disability Claims Handbook, Thomson/West, 2006, pgs. 78-89

Note to the Reader: The information presented is by no means complete. The aforementioned information is a basic summary of the process and some of the criteria used in the disability determination. If you think you have a disability or severe impairment, please call or visit a Social Security Office,or contact a Social Security Representative for more information.

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