What is Social Security's Definition of Disability?

Are you disabled to the point that you can no longer work? Sometimes disability is obvious, but often people suffer from hard-to-see disabilities such as a mental disability, emotional condition or a physical illness such as fibromyalgia- that are difficult to understand and diagnose.

Whether your disability is easy to see or not, you may have a hard time obtaining Social Security Disability (SSD) benefits. If you applied on your own and were denied or if you want legal advice before you apply, contact John M. Angerer.

A denial of your claim from the Social Security Administration does not mean you should give up. If you have a legitimate disability claim, the Law offices of John M. Angerer will help you fight for your rights. Your first consultation with our firm is free, and there is no fee unless you win your case.

The standard fee charged by an attorney in a Social Security case is 25 percent of the claimant's back (past due) benefits, not to exceed $5300.  Attorneys are also reimbursed for any out of pocket expenses they may have incurred for copying medical records or obtaining other evidence.  An attorney is not allowed to charge you a fee unless it has been approved  by Social Security.

Social Security Disability Insurance benefits are only paid to individuals who are totally disabled, as that term is defined by Social Security. The definition is complicated, so this brief summary will provide a broad overview of the way Social Security evaluates a disability claim.

A step-by-step process is used by Social Security to determine whether the applicant meets the disability definition. The first step is to determine if the person is working. If the person is able to earn at least $860.00 per month on a sustained basis, it will usually be concluded that the individual is not disabled, despite the presence of severe medical impairments. Thus, an individual limited to part-time work because of his/her impairments may not be entitled to disability benefits.

If the individual is not working, the next step is to evaluate the medical evidence and determine whether the individual has a severe medical impairment. For example, a claimant whose seizure disorder impairment is completely controlled by prescribed medications (with no side effects from the medications) will be found not to have a severe impairment. If, on the other hand, the seizure disorder is not controlled by the medications, or the medications impose significant side effects, then a severe impairment probably will be found to exist. If an individual does not have a severe medical impairment, the claim will be denied at this step.

The next step is to determine if the severe medical impairment meets or equals the "medical listings" for disability. For example, an individual with a seizure disorder who has major seizures more frequently than once a month (despite prescribed treatment) should be found to meet a medical listing. Once a medical listing is met or equaled, the applicant can be found eligible for benefits.

However, if the medical listings are not met or equaled, then it must be determined whether the applicant can perform any of the work he/she has done in the past 15 years, in view of the limitations imposed by the impairments. If the applicant is capable of past work, then the claim will be denied. Many disability applicants have concluded that an inability to perform past work will qualify them for Social Security Disability Insurance benefits. This is not the case.

The final step is to determine whether the impairment(s) prevent performance of any other work. Social Security must consider the applicant's medical limitations and vocational factors such as age, education and work experience. The applicant will be found disabled only if Social Security concludes that the applicant cannot perform alternative work.