Basics of Social Security Disability

Whenever a client calls our office and schedules a free consultation based on a social security disability claim, I always sit with the client and review information with the client to determine whether they have a disability claim that is likely to be granted. Most of the discussion is centered around a five-step analysis that the Social Security Administration (SSA) uses when determining whether to grant an individual disability benefits.  This five-step process is used in every single case.

1. Are you working?

Generally, if a person is currently employed, the SSA will not grant a person disability benefits. If you are working a job, there is little chance that you will be given disability benefits by the SSA. If you are not working or if you are working a very small amount, the SSA will move onto the second question.

2. Is your medical condition severe?

For the SSA to decide that you are disabled, they must find that your condition will significantly limit your ability to do basic work activities. These activities include walking, standing, sitting, remembering lists, writing and understanding English, etc. If I believe that the SSA could find that your medical condition is severe, they will move onto step three.

3. Is your medical condition on the list of impairments?

The SSA has a list of medical conditions it calls impairments. These impairments have strict guidelines. If your condition meets one of these impairments, the SSA will find that you are disabled. However, if they find that your condition does not meet a listed impairment, they will move onto step four.

4. Can you do the work you did before?

At this step, the SSA will ask whether your medical conditions limit your ability do perform any of the work that you did before. The SSA applies this question to the job you did right before your medical condition started, but also goes back to jobs you did in the past. If the SSA believes that you could perform any of these jobs, they will find that you aren't disabled. If the SSA finds that you are not capable of performing these jobs, they will move onto the last step.

5. Can you do any other type of work?

If you can't do the work you previously did, the SSA will look to see if your medical condition will allow you to do any other type of work that is readily available in the national economy. The SSA will take into account your age, skill, education, and past work experience. If they find that can do any other type of work, they will find that you are not disabled.

If you believe that you are disabled, the attorneys of Hamilton & Associates, LLC strongly encourage you to contact one of our attorneys today to schedule a free consultation and review of your potential disability claim.