Will Social Security Approve Me for Disability Benefits or SSI?

The Social Security Adminstration (SSA) uses a five-step process in order to determine whether or not a person is considered “disabled.”  Even if they determine that you are disabled, that does not necessarily mean you will get Social Security Disability benefits of Supplemental Security Income (SSI).  Social Security Disability benefits will only be awarded if you have worked and earned enough credits to qualify.  SSI will only be awarded if you have limited income and resources.

The five step process the Social Security Administration will take to determine if you are disabled is:

1.  A determination is made as to whether the claimant is currently working at the leval of Substantial Gainful Activity (SGA).

In general, if you are working and your earnings average more than $980.00 per month, you are not disabled and the determination ends there.  If the Administration determines that you are not working at the SGA level, it proceeds to the next step.

2.  The SSA determines whether the alleged disability is considered "severe."

In order for your condition to be considered “severe,” it has to be one that interferes with your basic work-related activities. If it does not interfere with your basic work-related activities, you are not disabled and the determination ends there. If your disabling condition does interfere with basic work-related functioning, the Social Security Adminsitration goes to the next step.

3.  A determination is made as to whether the alleged disabling condition or conditions are found in the Social Security’s master list of disabling conditions.

For each major function of the body, the SSA has a master list of medical conditions (sometimes referred to as the “Blue Book”).  If your condition meets the criteria or is as severe as a listed condition, you are automatically deemed disabled.  If the disability or condition does not meet the criteria in a listing or if it is not as severe as a listed condition, SSA moves to the next step.

4.  The SSA inquires as to whether the claimant can now do the same kind of work he or she did in the past.

If the claimant can do the same kind of work he or she performed in the past, the claim for Social Security Disability will be denied.  If the disability would prevent the caimant from doing work that the individual performed in the past, the SSA moves on to the final step.

5.  The Social Security Administration inquires as to whether the claimant can adjust to and do any other type of work.

Here, the Administration considers the claimants age, education, past work experience and any transferable skills and views these factors in light of the disabling conditions.  If a determination is made that the claimant can learn to do and perform other work, the claim will be denied.  If the SSA determines that the claimant cannot adjust to and perform other work, your claim will be denied.

Clearly, this is a lenthy and complicated process from both a practical and legal standpoint.  There are laws, Social Security Disability rules and policies, and court decisions that have a bearing on how these steps are to be undertaken and how they will be applied in a given case.  Since each case is so individualistic, it is clear that an assessment of the claimant’s chances of getting approved should be made by an expert attorney who is familiar with the Social Security Disability rules and the law. In addition, only a disability expert can best prepare your case to attempt to ensure the best outcome possible, i.e. that you get the benefits you deserve.