This is the second installment of our explanation of the 5-step process that Social Security uses to determine if your are disabled.
Please keep in mind that a lot of the terms used by Social Security to determine disability have specific legal meanings and probably don’t mean what you think they do.
After Social Security decides that you are not earning SGA, they move on to step 2. At this step, they decide if your conditions are “severe,” and will they last long enough.
1. Is your condition severe?
The legal standard that Social Security uses to determine if a condition is severe is whether it will impact your ability to work.
This is not hard to meet.
2. Has your condition lasted long enough?
Social Security looks at whether your condition has lasted 12 months or is terminal. What they mean by terminal is whether it will result in death soon.
For example, Multiple Sclerosis is terminal (if you live long enough with MS, it will kill you) but many people are able to live long lives and are able to work with MS. So, keep in mind that some conditions will eventually end in death, but not all of those conditions meet Social Security’s standard.
More people will fall under the 12-month standard: your condition must have lasted 12 months, or be expected to last 12 months.
This doesn’t mean that you have to be disabled for 12 months before you can apply. You can apply at any time if you think you cannot work.
But for the 12 months to apply to you must:
- be disabled (or be expected to be disabled) for 12 consecutive months, and
- not earn SGA during those 12 months.
Determining whether or not you’ve earned SGA is a bit complicated. An experienced lawyer will be able to determine if you meet this part of the 12 month requirement.
The 5-step process:
Step 1: Are you earning SGA?
Step 2: Has your condition lasted long enough?
Step 3: Do you meet or equal a listed impairment?
Step 4: Can you do your past work?
Step 5: Can you do other work?
Social Security uses a different method to determine if a child is disabled.
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This blog provides general information. Do not mistake it for legal advice. Please read our disclaimer.
Related posts:
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 3: The Listing of Impairments)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 1: SGA)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 4: Past Relevant Work)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 5: Other Work)
- How Does Social Security Decide Disability for a Child?
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