5 Step Disability Determination
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There is a five-step process used to determine if you are disabled. This process is started after all of your paperwork and medical records have been received. The questions that will determine if you are disabled are; (1) Are you working?; (2) Is your injury, illness or condition “severe?”; (3) Is your condition one that is on the list of impairments?; (4) Can you do the work you did in the past?; (5) Can you do any other work?
Are you working?
If you are not working then you will go step 2. If you are working then more information is required to determine if your work qualifies as “substantial gainful activity” (SGA). Being paid or receiving profit from work that involves productive mental or physical activity is the definition of SGA. Keeping a work diary is very important in helping to determine if what you doing is SGA. Social Security will need to know if your job duties changed, if you missed work, if you required extra help or if you incurred extra expenses related to your disability. Once the work diary has been evaluated then your earnings are reviewed to see if your work is SGA. For 2008 if you average more than $940 a month your disability application will be denied. If your earnings are below the $940 a month then you will go on to step 2 of the determination process.
Is your injury, illness or condition “severe?”
Your physical or mental condition must be severe enough to limit your ability to work. This is another area where accurate records of symptoms and problems caused by them is very important. If it is decided that your condition is severe then the determination process goes on to step 3. If it determined that your condition does not meet the severity definition then Social Security Disability benefits will be denied.
Is your condition one that appears on the List of Impairments?
Social Security uses a List of Impairments that they consider to be severe. The definition of “severe” is a condition that is significant enough that it limits your ability to work. It is gainful work if a person would normally get paid or receive profit for the activity. If you expect your condition to last a year or end in death and it is on the List of Impairments then your application will be approved. The severity of your condition must be equal to an impairment on the list for you to be approved. If Social Security determines that your condition is not equal to an impairment on the list than you proceed to step 4.
Can you do the work you did in the past?
If the severity of your condition is not as great as any impairment on the list then the question becomes whether you can do any of the work that you have done in the past 15 years. Your application will be denied if Social Security determines that you able to perform types of work done previously. Your past work is now the determining factor regarding Social Security benefits. If you can not do any of the jobs you did previously then you progress to step 5.
Can you do any other work?
Your age, education, past jobs and your medical condition will now be the deciding factor in receiving benefits. If Social Security believes that you can do other work then your application will be denied. When determining if you are able to do other work your ability to adjust to a new job is also considered. You must be unable to adjust to a job that meets your physical or mental condition requirements or you must be unable to be gainfully employed work for a minimum of one year.
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