Disability and the Five-Step Process

So, what is a "disability?" A "disability" is any physical or mental impairment that keeps a person from performing substantial work and is expected to last at least twelve months or result in death. Social Security uses a five-step process in determining disability. They ask five questions:

1. Is the person working?

First, Social Security asks whether the claimant is working or not.  If she is working and making over $1,000.00 per month (before taxes), then she is probably not qualified.  As a practical matter, a sucessful claimant will not be working more than 20 to 25 hours per week.

2. Does the person have a "severe" impairment?

Next, the claimant must demonstrate a "severe" impairment.  An impairment is considered severe if it has more than a minimal effect upon that person's ability to work.

3. Does the person have an impairment that meets or equals one of their listings?

Thirdly, Social Securtity asks whether the claimant meets or equals one of their listed impairments (the "Listings").  The Listings are a detailed description of various health problems.  If the claimant's condition matches the description found in the Listing, then he is considered disabled with no more questions asked.  Most claimants do not have a condition that meets a listing, but instead have a variety of problems which, in combination, keep them from being able to work.

4. Can the person return to their past relevant work?

If the claimant's condition(s) does not meet or equal a listing, Social Security asks whether, based on the claimant's age, education, work history, and health problems, the person can return to their past work.  If so, the claimant is considered "not disabled."

5. Can the person do any other work that exists in the national or regional economy?

If the claimant cannot return to their past relevant work, Social Security asks whether there is other work out there that the claimant can perform, again based upon their age, education, work experience and health problems.

Getting disability benefits can be a frustrating process, and often requires appeal after an initial denial. Having a disability attorney represent your claim can  make a huge difference.