| |
|
|
| |
This page briefly
describes the evaluation used by the Social Security Administration
to determine if a person is disabled. The law is very
complicated with regard to some parts of this evaluation,
so this is not intended to be a exhaustive discussion
of the law. However, it will provide a claimant with a
brief overview of the issues that will be considered in
determining disability. A brief description of the five
steps are as follows (click on the links for more information): |
|
| |
|
|
|
|
The Sequential Five-Step Analysis to Determining Disability
Provided by the Tulsa Social Security Disability Lawyers of Troutman & Troutman, P.C.
Below are the steps used to analyze the basis for a social security disability claim. When filing an SSI claim, it is best for you to review each of these steps and then contact the Tulsa social security disability law firm of Troutman & Troutman, P.C.
The Tulsa SSI lawyers of Troutman & Troutman are available to answer any specific questions you have about
the social security disability claims process, and are happy to meet
with you for an initial consultation concerning your Tulsa SSI benefits.
- Are
you working?
A person cannot be found disabled if they are engaged in "substantial gainful activity," often called "SGA." If a person is working, and that work is SGA, the person is found to be "not disabled," and the disability analysis stops. Although work for brief periods or part-time work may not constitute SGA, most jobs satisfy the requirements for SGA. Follow the link for more information was to what constitutes SGA.
- Do
you have a severe impairment?
Most people who apply for disability benefits are determined to have a severe impairment, because almost any impairment that affects your ability to work meets this requirement. However, a determination that you have a severe impairment does not mean that you are disabled. It simply means that the analysis proceeds to the next step.
- Do
you have a listed impairment?
Federal regulations include a list of impairments, commonly called the "Listings." These are very serious impairments that would prevent a person from working regardless of their age, education or previous work experience. If it is determined that your impairments meet, or equal, an impairment in the Listings, you are found to be disabled. If your impairments do not meet a listing, that does not mean that you are not disabled. It simply means that the analysis proceeds to the next step.
- Can
you perform your past relevant work?
A person is not disabled if he/she can perform his/her past relevant work. Past relevant work included any substantial gainful activity you have performed in the past 15 years. In order to make this determination, the Social Security Administration must determine the specific requirements of your past jobs and compare those requirements to your current impairments. If you cannot perform your past relevant work, the analysis proceeds to step five.
- Is
there other work in the regional or national economy that you
can perform?
Once you have shown that you cannot perform your past work, the Social Security Administration must determine if there are a significant number of other jobs in the regional or national economy that you can perform. If the determination is made that there are not a significant number of jobs you can perform, you are found to be disabled. Several factors are considered in making this determination, including your age, your education, skills that you may have acquired in your past work, and your impairments.
|