Am I Disabled?
Social Security states:
"Disability" under Social Security is based on your inability to work. We consider you disabled under Social Security rules if:
- You cannot do work that you did before;
- We decide that you cannot adjust to other work because of your medical condition(s); and
- Your disability has lasted or is expected to last for at least one year or to result in death.
This is a strict definition of disability. Social Security program rules assume that working families have access to other resources to provide support during periods of short-term disabilities, including workers' compensation, insurance, savings and investments.
Social security follows a five-step analysis to determine if you meet its “strict definition of disability.”
- Are you working? If you are earning more than $1,000 a month, you generally cannot be considered disabled. If you are not working, the next question is asked.
- Is your condition "severe"? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, you will not be considered disabled. If you pass this test, SSA then asks…
- Is your condition found in the list of disabling conditions? The Social Security Administration publishes a list of medical conditions that are so severe you are automatically considered disabled. If your condition is not on the list, SSA evaluates whether your condition is of equal severity to a medical condition that is on the list. If it is, SSA will find that you are disabled. If you are not found disabled at this step SSA continues to evaluate your claim by asking…
- Can you do the work you did previously? If your condition does not meet or equal the severity of a listed medical condition, then SSA evaluates whether your condition keeps you from doing the work you did before. Ordinarily, this is work you performed in the 15 years before you say you became disabled. If you can perform work you did in the past, your claim will be denied. If you cannot, SSA asks the final question…
- Can you do any other type of work? If you cannot do the work you did in the past, SSA asks if you are able to adjust to other work. SSA considers your medical conditions, your age, education, past work experience, and any transferable skills you may have. At this stage, SSA consults tables of rules that it has created, nicknamed “the Grids.” If one of these rules applies to your case, the result indicated by the rule applies. If the rule does not fully apply to your case, SSA will use the rule as a guideline. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.
Call the lawyers at Warren & McGraw to help you evaluate your claim, educate you and assist you. The initial consultation is free. You have nothing to lose but the opportunity to learn valuable information. Contact them now.