The Disability Guys explain the Social Security disability determination process
“Will my application for Social Security disability benefits be approved?” In our experience as New York disability attorneys, that is one question every client wants answered. In most cases, however, we cannot definitively answer that question. We can, though, explain the framework the Social Security Administration uses to make a disability determination, and help you present your most persuasive case within that framework.
The “sequential evaluation process”
In every case, the Social Security Administration decision-maker engages in a 5-step sequential evaluation process. This process requires the decision-maker to answer each of the questions listed below, in order. The sequential evaluation process works like a flowchart; a “wrong” answer at any step of the process will result in a denial of benefits.
Step 1: Are you working?
If you are presently doing work that the Social Security Administration deems “substantial gainful employment,” then you are not disabled. “Substantial gainful employment” is work that requires a significant amount of physical or mental activity, and is usually done for pay or profit.
Step 2: Do you have a “severe” impairment?
Do you have a physical or mental impairment that is severe enough to prevent you from performing basic work-related functions? Has your impairment lasted at least twelve months, or is it expected to last that long or to result in your death? If so, then you have a “severe” impairment; if not, then your claim for disability benefits will fail. This step in the sequential evaluation process is intended to weed out frivolous claims for disability benefits. An impairment that has only a slight effect on your ability to work will not pass this test.
Step 3: Does your impairment meet or equal a Listing impairment?
The Social Security Listing of Impairments describes over 100 common physical and mental impairments that the Social Security Administration deems severe enough to prevent a person from engaging in any gainful activity. If your condition meets or “medically equals” a Listing impairment, then you are considered disabled by law, and are automatically qualified to receive Social Security disability benefits. If your condition does not meet or equal Listing impairment, then Social Security will consider other, non-medical factors related to your ability to work, in Steps 4 and 5.
Step 4: Can you do work you’ve done previously?
Are you able to do the work you have done in the past? In general, if you are able to do the easiest job you have done in the past 15 years, your claim for Social Security disability benefits will be denied. If, however, the answer to this question is “no,” then the analysis will conclude with Step 5.
Step 5: Can you do any other type of work?
Step 5 is, perhaps, the most difficult hurdle to overcome. The Social Security Administration will evaluate whether you are able to do any type of work that exists in the New York region or in significant numbers in the national economy. In making this determination, Social Security Administration will take into account your age, education, work history, and “residual functional capacity” — that is, your ability to perform work-related functions, despite the limitations caused by your impairment. If you are unable to do any other work, then you will be found “disabled.”
Experienced New York disability attorneys, Brian Mittman and Scott Daniels, can guide you through every step of this process
Although the 5-step process is seemingly logical and straightforward, there are many potential wrong turns and traps for the unwary. The Disability Guys have been helping disabled New Yorkers navigate this process for years. If you would like to talk with an experienced New York disability attorney about your case, please use the Free Claim Evaluation form on this page to contact The Disability Guys, or call or email them directly.
Brian Mittman * Scott Daniels
The Disability Guys
New York disability attorneys
Markhoff & Mittman, P.C.
14 Mamaroneck Ave., Suite 201
White Plains, New York 10601
