Washington D.C. Social Security lawyer explains the disability determination process
“How does Social Security decide whether to award or deny benefits?” In my work as a D.C. disability lawyer, I hear some form of this question almost every day. The answer is deceptively simple. You will be awarded benefits if you are “disabled,” as that term is defined by the Social Security Administration. You are “disabled” if:
1. You have a physical or mental impairment that is severe and medically determinable
To meet this requirement, there must be some medical evidence to support your claim of an impairment. Your impairment must have more than a minor impact on your ability to work, and it must have lasted for 12 continuous months, or be expected to last that long or to result in your death. If you meet this threshold requirement (and most applicants do), then you must prove that your impairment prevents you from working.
2. Your impairment prevents you from working
Depending on the circumstances of your case, the Social Security decision-maker may determine you are unable to work based on (a) the Listing of Impairments or (b) the totality of the evidence in your case.
Your impairment meets or equals the criteria for a Listing impairment
The Social Security Listing of Impairments (http://www.socialsecurity.gov/disability/professionals/bluebook/index.htm) is a list of more than 100 physical and mental impairments that Social Security deems severe enough to render a person “disabled” as a matter of law. The Listings describe specific criteria for each impairment. If your impairment “meets or medically equals” the criteria for a Listing impairment, then you are automatically entitled to an award of benefits. Whether your impairment meets or equals a Listing is a purely medical determination; vocational factors are not part of this analysis. As a general rule, only the most severe forms of a particular impairment will meet the Listings requirements.
The totality of the circumstances demonstrates you are not able to work
If your impairment is not severe enough to qualify as a Listing impairment, then Social Security will consider a combination of medical and vocational factors to determine if you are able work. In making this determination, the Social Security decision-maker will consider your age, education, past work experience, and your present ability to work despite the limitations caused by your impairment. If, in light of all these factors, the decision-maker determines you are not able to do work you have done previously and not able to adapt to new work, then you will be found disabled and awarded benefits.
Learn more about the disability determination process
As you can see from this brief overview, the disability determination involves a complicated, multi-step process. You can learn more about how this process works by reading the series of short articles listed under The Disability Evaluation Process in my Social Security library, at the bottom of this page. The article titled “The sequential evaluation process” is a good place to start. For some examples of how this analysis plays out in real-life situations, read Examples of who is and who is not disabled. The analysis may surprise you.
Contact a Washington, D.C. disability lawyer for answers to your Social Security disability questions
If you would like to speak with a knowledgeable Washington, D.C, disability lawyer about your Social Security disability application or appeal, please submit the Free Claim Evaluation form on this page, or email me directly. I will be happy to meet with you to review the facts of your case and discuss your legal options.
