To receive benefits under the Social
Security Disability program, you must have a physical or mental impairment (or
a combination of impairments) severe enough to keep you from working fulltime
in any regular paying job for at least one year or result in death. The test
isn't whether or not you can return to your old job, and the test isn't whether
or not you have been able to find a job lately. Rather, the test is whether you
are capable of doing any job available in the national economy (even if this
job involves different skills or pays less than your previous work). By using
an extensive set of regulations, the Social Security Administration takes into
account your medical condition, age, abilities, training, and work experience
in deciding a case.
The Five Step Evaluation that Social
Security uses to determine if you are disabled is as follows:
If you are working and earning more
than the current Substantial Gainful Activity amount (currently $1,070.00 a
month), you generally cannot be considered disabled.
2. Is your condition severe?
Your impairment(s) must be expected to
last one year or result in death and interfere with basic work related
activities.
3. Is your condition found in the list
of disabling impairments?
Social Security maintains a list of
impairments for each of the major body systems that are so severe they
automatically entitle you to disability. If your condition is not on this list,
Social Security has to decide if it is of equal severity to an impairment on
this list. If it is, the claim is approved. If it is not, Social Security goes
on to the next step.
4. Can
you do the work you did previously?
Does your impairment prevent you from
doing any work that you performed in the last fifteen (15) years? If it does
not, the claim will be denied. If it does, the claim will proceed to the fifth
and final step of the evaluation.
5. Can
you do any other type of work available in the national economy?
Social Security considers your age,
education, past work experience, and transferable skills against the job
demands of occupations as determined by the Department of Labor. If you cannot
do any other kind of work, the claim will be approved. If you can, the claim
will be denied.
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