Saturday, May 12, 2012

A Brief Explanation of "the Five Step Sequential Process" Used by Social Security to Determine Whether a Person Qualifies for SSI or SSDI

To decide whether you are disabled, the SSA uses a step-by-step process involving five questions.  They are:

1. Are you working?  If you are working in 2012 and your earnings average more than $1,010 a month, you generally cannot be considered disabled.  If you are not working, the SSA moves to Step 2.
2. Is your condition "severe"?  Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, the SSA will find that you are not disabled.  If your condition does interfere with basic work-related activities, the SSA then moves to Step 3.
3. Is your condition found in the list of disabling conditions?  For each of the major body systems, the SSA maintains a list of medical conditions that are so severe they automatically mean that you are disabled.  If your condition is not on the list, the SSA has to decide if it is of equal severity to a medical condition that is on the list.  If it is, the SSA will find that you are disabled.  If it is not, the SSA then will go to Step 4.
Many common disabling conditions appear on the listing.  For example, the listing for Systemic Lupus Erythematosus is contained in Section 14.02:

14.02 Systemic lupus erythematosus. As described in 14.00D1. With:
A. Involvement of two or more organs/body systems, with:
1. One of the organs/body systems involved to at least a moderate level of severity; and
2. At least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss).
OR
B. Repeated manifestations of SLE, with at least two of the constitutional symptoms or signs (severe fatigue, fever, malaise, or involuntary weight loss) and one of the following at the marked level:
1. Limitation of activities of daily living.
2. Limitation in maintaining social functioning.
3. Limitation in completing tasks in a timely manner due to deficiencies in concentration, persistence, or pace.

4. Can you do the work you did previously?  If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then the SSA must determine if it interferes with your ability to do the work you did previously (during the last 15 years).  If it does not, your claim will be denied. If it does, the SSA will proceed to Step 5.
 5. Can you do any other type of work?  If you cannot do the work you did in the past, the SSA will see if you are able to adjust to other work.  The SSA will consider your medical conditions and your age, education, past work experience and any transferable skills you may have.  If you cannot adjust to other work, your claim will be approved.  If you can adjust to other work, your claim will be denied.