I have written about how Social Security defines disability, work, and a substantial gainful activity.

But, how does Social Security really evaluate a case?

Social Security reviews cases using the five-step sequential evaluation process to decide is a person is disabled.  Here are the 5 questions that make up the sequential evaluation process:

1. Does your impairment keep you from being able to perform a substantial gainful activity (generally full-time, competitive, work)?
2. Is your impairment severe?  AND, is your impairment expected to remain severe for at least 12 months?  
3. Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling.  There are separate listings for adults and for children.  
4. Does your impairment prevents you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
5. Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?

Let’s take these one at a time:

Step 1: Engaging in a Substantial Gainful Activity (SGA)

A.k.a.: Are you working?

Even you have a clearly disabling condition, if you are able to work at a substantial gainful activity level (SGA), you are not disabled.  

Example, you may be limited to crutches or a wheelchair, but you force yourself to work a full time, competitive, job.  Under Social Security regulations, you are not considered disabled.  

Because you are able to work, you do not qualify for Social Security disability benefits.  

There are exceptions to this.  

• If you are working full time, but your medical expense, which let you work, are so high that your pre-tax income is still below SGA threshold, then your Impairment Related Work Expenses (IRWEs) make your work not SGA.  So, you case should not be denied at step 1.
• If you are working at an SGA level, but the work is not competitive: you either got a job through a friend or family member and you not held to the same standards as another worker in the same position, or if you are being paid a “subsidy” — the value of your work is $600 a week, but you are being paid $800 a week.

Step 2: Severity

For an impairment to be severe, it has to cause more than a minimal effect on your ability to perform daily activities? 

Example: many people have asthma.  However, asthma is not always disabling. Asthma is often well controlled with medications. When it is not well controlled, it may be a severe impairment.

As a Colorado lawyer, I do not see Social Security deny a lot of cases because they do not believe a impairment is severe.  However, every once in a while, this comes up.  Having a “severe” condition is a pretty low standard and it is usually fairly easy to show that a condition has more than a minimal effect on daily activities.

The second part of this is more difficult.  The condition has to be expected to remain severe for 12 months or longer.  

If you are denied because Social Security does not think your condition will be disabling for 12 months, it is called a “durational denial.”

I often see a durational denial, where there has been a traumatic accident (such as a car accident) or in cases of disability during the recovery period following serious surgery (such as a back fusion).

Social Security accepts that there will be a healing period where you may not be able to work.  But, unless you can convince Social Security that your condition will remain disabling for 12 months, you may be denied.  

Step 3: Listing Level Impairment

This is the “short-cut” step.  If you have a condition which is contained in the Social Security Listing of Impairments AND the medical findings match what is required for your listing, you may be found disabled without Social Security considering the last two steps.  This is “meeting a listing.”  

You can also be found disabled at this step if your condition “equals a listing.” Equaling a listing means that while your condition may not be mentioned in the Listing of Impairments, it is just a severe AND has the same findings as a listed impairment. 

In my experience with individuals who have already been denied once, the chance of meeting or equaling a listing level impairment is small.  But, it is always worth considering. 

Step 4: Ability to Perform Prior Work

If you are able to perform any of the past work you have done at a substantial gainful activity level, over the last 15 years before your disability began, Social Security can deny you.

Example: If you previously performed very physical work (construction work or nursing), but you also did worked as a manager for a few months, you may be denied based on your ability to still be able to perform the management job.  This may apply even though it is not your most recent work, the employer is no longer in business, or if you cannot get hired for that type of work any more.  

Keep in mind that this is just a general overview.  Every case depends on its specific circumstances. Also, there are a number of issues around this step including whether you worked long enough to learn the job.  

Step 5: Ability to Perform Other Work

Even if you are unable to perform any of your past jobs, you can still be denied if there are other jobs you can still perform which exist in substantial numbers in the national economy.  

This is a very complicated area where many cases are won or lost.   The rules at this step change depending on your age group (18-49, 50-54, and 55-60).

• If you are under 50, the rule of thumb is that you have to prove that there is no work in the national economy that you can still perform.  
• If you are over 50 years old, the rules get a bit easier, but you still have to eliminate most kinds of jobs to win your case. 

This is just a quick rundown of the five-step sequential evaluation process. There are exceptions and corollaries to this but I just want to quickly state the steps that Social Security goes through in evaluating a disability claim.

A lot of people ask me how Social Security decided if they are disabled.

I can’t do the work I have done for 35 years.  Am I disabled?

I stopped working to take care of a family member, but now I am sick.  Am I disabled?

I got hurt at work, then they fired me.  I keep applying for jobs, but there just isn’t much work around here.  Am I disabled?

The doctor tells me I will probably need serious surgery later on.  Am I disabled?

I will need to be on medication for the rest of my life.  Am I disabled?

Social Security focuses on ability to work to test for disability.

Under the Social Security system, in order to be disabled you have to have a physical or psychological impairment that is expected to keep you from being able to engage in a “substantial gainful activity” (SGA) – typically some type of full time work, for 12 months or longer.  Or, simply put:  do you have a condition that keeps you from being able to work?

Social Security does not consider “hire-ability.”

An impairment which keeps you from being able to work is not the same as being unable to get hired for a job.

• You may be applying for jobs but you do not get any calls.
• There may be no jobs in your area.
• Or, you may have a felony charge which keeps you from getting work.

While these are all examples of an inability to get a job, none of these, by themselves, show that you are physically or psychologically unable to to work.

Being unable to do prior work is usually not enough to prove disability.

What if you have condition that keeps you from doing the work you have done in the past?  Usually, that is not enough to prove disability.  There are some exceptions to this, but generally, if you can still do some other type of full time work (even minimum wage work), you are probably not disabled.

Needing medical care or even surgery in the future is typically not enough to prove disability.

What if your doctor has diagnosed you with a serious medical condition, or told you will need to be on medicine for the rest of your life, or told you that you will need major surgery later on?

In these circumstances, you have to look to the test for disability:  do you have a physical or psychological condition which keeps you from engaging in a substantial gainful activity (such as full time work) for 12 months or longer.

• Does the condition keep you from being able to work? If the answer is, “no,” then the condition might not be enough make you disabled.
• Does the medicine keep you from being able to work? You may respond that without the medication you would be disabled — the medication is the only thing that keeps you from being disabled.  Unfortunatly, this is the catch-22 of Social Security.  If you have a medical condition that is not disabiling with treatment, you are probably not disabled, even though you require the health insurance that comes with Social Security to be able to afford the treatment.
• Does the probability of future surgery keep you from being able to work? You may say, “no, but I will not be able to work after the surgery.”  That may be the case, but you also have to ask whether your period of recovery will be expected to be 12 months or longer.  While Social Security accepts that many surgeries are disabling for a time, the disability from the surgery has to be expected to last for 12 months in order to qualify for Social Security.

There are exceptions which go beyond the scope of this article.  Social Security has Listings of Impairments which discuss various medical and psychological conditions and these Listings do not discuss an inability to work.  However, this is because it is assumed that the level of severity required for any of these listing would automatically preclude any type of substantial gainful activity.

If you think you are disabled, get more information.

This is just a quick review of Social Security’s definition of disability.  There are exceptions and circumstances where these general guidelines would not apply.  Additionally, there are other requirements you must meet to qualify for Social Security benefits.

If you think you may be disabled, speak to Social Security and call a lawyer for a consultation.

Under Social Security regulations, disability is the inability to engage in a “substantial gainful activity.” This means that to win a Social Security disability case, you have to show that your impairments prevent you from being able to work.

More specifically, you have to show that you are unable to perform the duties of any work you have performed over the past 15 years AND that you are unable to perform the duties of any other work that exists in substantial numbers in the national economy. Note: these are steps 4 and 5 of the sequential evaluation process.

The general rule is that if you can still perform the duties of a job, you are not disabled. Note: this is a very simplified definition and there are a number of significant exceptions including whether the job is a substantial gainful activity, the effects of your age, etc. Right now though, I want you to understand the main issue in Social Security disability cases.

What DOESN’T Social Security consider when looking at your ability to work?

1. Social Security does not consider whether the kinds of jobs you can perform are available in your area.
2. Social Security does not consider if employers are hiring.
3. Social Security does not consider if you can get hired.

Phew! That’s a tough standard!