Wednesday, May 16, 2012

How the system decides if you are disabled


 
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EVER WONDER HOW THE SYSTEM DECIDES IF YOU ARE DISABLED, WHEN TO APPLY FOR SOCIAL SECURITY DISABILITY?

Steps that an evaluator addresses when presented with the question, 'Is the applicant disabled?' are as follows:

1.  Does the applicant work at substantial gainful activity (SGA)?  In many cases, this means if you are earning in excess of what is allowed.  The amount of monthly earnings considered as substantial gainful activity depends on the nature of a person's disability, i.e. higher amount for blind applicant then a non-blind applicant.  The amount considered as substantial gainful activity is reviewed each year in relation to the national average wage index.

2. Once it is determined an applicant is not engaged in SGA the next step is to determine whether or not the claimant has a severe impairment.

There are three requirements to determining whether or not an impairment is severe:  (1)  The impairment must be medically determined. (2)  The impairment must be expected to result in death, or it must have lasted or be expected to last for at least 12 months. (3)  It must limit the claimant's ability to do basic work activities.

3.  If the claimant's case has survived to this point, the inquiry is into whether or not the impairment equals or meets a impairment listed in the appendix to the regulations.  It is technical in detail, but simply put, the listings are organized according to disorders of thirteen different bodily systems.  Not all possible impairments are listed.

If the claimant's impairment equals or meets a impairment listed, disability is found and the inquiry ends.

4. However, if the impairment does not equal or meet the requirements of a listed impairment, the inquiry focuses on whether or not the impairment precludes or prevents the claimant from performing past work.

5.  If the impairment does preclude or prevent the claimant from performing past work, social security must decide if there other work that the claimant can perform.  The claimant's age, skill level of work and education are all considered.

All of this is to determine that the claimant is unab le to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to last for a continuous period of not less then 12 months.