Qualifying for Social Security disability benefits requires proving to the government that you cannot perform any job. As disability lawyers, we explain to our clients that the Social Security Administration (SSA) has a five-step process for deciding your Disability claim status.
- Step One: Have you worked after the date you claim you became disabled?
- Step Two: Do you have a medical condition that imposes more than a minimal limitation on your ability to work?
- Step Three: Does the medical evidence show that you meet the necessary criteria for disability based on the SSA’s List of Impairments?
- Step Four: The government determines whether you can perform a job you have performed in the past.
- Step Five: The SSA decides if you have the physical and/or mental ability to perform any other work now.
This piece will cover step two: “Do you have a medical condition that imposes more than a minimal limitation on your ability to work?” This can also translate to “Do you have a severe impairment?”
According to the Americans with Disabilities Act (ADA), a severe impairment is a physical or mental impairment that substantially limits one or more major life activities and will do so for more than a year.
For example, imagine if you fracture your arm playing basketball. Most people would agree a fractured arm is a severe problem. However, the SSA might not agree. There is a very simple explanation for this divergence in opinions.
As we mentioned, a severe impairment is a physical or mental impairment that:
- imposes a limitation on your ability to perform basic work activities and
- will reasonably impose those limitations for at least a year.
A basic work activity can be exertional or non-exertional. Exertional work activities include lifting, walking, sitting, standing, bending, stooping, crouching, and crawling. Non-exertional work activities include reaching, handling, fingering, seeing, hearing, speaking, following simple directions, getting along with others, and being exposed to certain environments and temperatures.
Back to our example of a fractured arm: an individual with a broken arm will have some limitations. Most Social Security disability examiners would not argue that. However, those same examiners may not characterize the broken arm as a severe impairment because most fractures will heal within a few months. In cases like this, this claim status may be difficult to prove. As a result, the disability examiners would characterize his or her condition as “severe but not expected to last 12 months.”
Some people who apply for Social Security disability will have no trouble proving the medical condition limiting their ability to work is a severe impairment. Step two of the process is designed to weed out cases that involve no medical diagnosis at all or claims like the one discussed above, where the problem is serious but only for a short period of time. Generally, most applicants will prove that they have a severe impairment if they seek medical attention for the condition.
The entire disability process, while designed to help those who honestly need it, can be extremely confusing, convoluted, and frustrating. When you add those emotions to physical ailments that cause pain and suffering, many applicants simply give up. However, there is hope and help available. The legal team at Parmele Law Firm has helped over 55,000 individuals receive their favorable decision for disability benefits. This team has 135+ years of disability experience…that’s all they do. Lastly, PLF does not get paid unless you receive a favorable decision for benefits.
All of these facts lead to one conclusion: seeking legal representation from Parmele Law Firm should be your next step. What do you have to lose? Call PLF today at 866-889-2570 to schedule your no-cost consultation, or visit us online at parmelelawfirm.com.
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