5 CONSIDERATIONS (STEPS) IN A SOCIAL SECURITY DISABILITY DECISION

Are you disabled according to the Social Security Act?

That is a legal question.  You may be disabled in your opinion, in your doctor's opinion or in your attorney's opinion.  But you won't get paid unless you can prove that you are disabled according to the Social Security Act and its attending regulations.

Social Security will use a mandatory and sequential five-step process to decide. When you have a hearing, all 5 steps will be considered during that one 45-minute process.  Here are the 5 steps with very brief explanations.

STEP 1:  Are you now working at substantial gainful activity?  If so, you are not legally disabled, no matter how sick you are or how old you are.  You cannot work and be disabled at the same time. In 2018 the definition of "substantial gainful activity" is defined as earning at least $1,180 per month (from work related activity).

STEP 2:  Do you have a severe, medically determinable impairment that has lasted or is expected to last for at least 12 consecutive months OR to end in death?  If no, you are not disabled. Short term disabilities that last less than 1 year are not covered by Social Security.

STEP 3: Do you meet one of Social Security's published listings?  In other words, are your symptoms so severe that Social Security automatically recognizes them as disabling?  If yes, you are approved.  If no, you will move on to Step 4.  First, however, Social Security must determine your residual functional capacity--that is, what is the most you are able to do in terms of exertional activity?  (Note:  Very few claimants, even those who get approved, will meet a listing; you can be approved without meeting a listing).

STEP 4: Are you physically and mentally able to perform any of your past relevant work (any of the jobs you performed during the 15-year period before you applied for disability)?  If you are, you are not disabled.  If you are not, move on to Step 5.

STEP 5:  The final step.  Is there any work in the national economy that you are now able to perform, considering (only) your age, education, past work experience and residual functional capacity?  If the answer is yes, you are not disabled.  If the answer is no, you are disabled and will be approved for benefits. 

I think you can see from this sketch of the decision making process that Social Security disability is a very tough nut to crack.  It is for persons who have reached the end of their working careers and are not able to perform any type of full-time work.  It is not for persons who work in pain, who really don't feel like working or who believe it is time to slow down a bit.  Social Security works hard to keep people off disability benefits until it is their absolute last option.

I would add this, however.  The initial decision making process at Social Security is very imperfect.  Honestly, I would say it is flawed.  They deny individuals who really should be approved because they should meet the rules for disability benefits.  So, don't take their word for it when they tell you that you are not disabled.  About one-half of those denials will be overturned in the appeal process and benefits will be awarded.  The main point is:  appeal, appeal, appeal.  

1.  Apply
2.  Get Denied
3.  Appeal and go to hearing (Most cases that are won, are won here at this third step).
4.  Appeal again if denied at the hearing

Remember, your first decision from Social Security is probably not the correct decision.  Those errors are corrected only by appeal, not usually by filing a new claim.

THE FORSYTHE FIRM
PH (256) 799-0297