Why Hire an Attorney | Are You Disabled | Why Apply | Fees & Costs | Questionnaire

Social Security Disability

Are You Disabled ?

The Social Security Act defines being disabled as unable to perform any “Substantial Gainful Activity” by reason of a medically determinable physical or mental impairment that has lasted, or is expected to last, a continuous period of at least 12 months or result in death. Substantial Gainful Activity basically means work. For the year 2008, if one is working and earning over $940 per month, before taxes, then one is presumed to be working. For self employed persons, although this amount applies, there are special rules that apply also.

The 5-Step Process:

The Social Security Administration uses a five step process for determining whether or not you are disabled:

Step 1	Are you involved in Substantial Gainful Activity (SGA)? If yes, you are not disabled. If no, proceed to Step 2.
Step 2	Do you have a “severe” impairment, one that at least minimally affects your ability to work? If no, you are not disabled. If yes, proceed to Step 3.
Step 3	Does your impairment meet or equal one or more of Social Security’s “Listings of Impairments” – medical criteria that presumptively prove that you are disabled? If yes, you are disabled. If no, proceed to Step 4.
Step 4	Can you able to perform past relevant work given your Residual Functional Capacity (RFC)? RFC means what you still can do given the limiting effects of all of your physical and mental impairments. Past relevant work” means work that you have performed in the past fifteen (15) years. If you are unable to perform your past relevant work, then the Social Security Administration must prove Step 5 in order to deny you benefits.
Step 5	Can you perform any other jobs given your age, education, past work experience and Residual Functional Capacity (RFC). If you can perform any other jobs given all of the laws applying to Social Security disability claims, then you are not disabled. If you are unable to perform any past relevant work, then you will be found disabled.

This website may constitute "advertising" under Massachuestts Supreme Court Rule 3:07. The material contained on this website has been prepared for educational purposes only and is not to be considered legal advise.

Transmission or receipt of this material, or any response to this website is not intended to, and does not create an attorney-client relationship or privelege of any kind. Allison E. Williams, Esquire, is licensed to practice law in Massachusetts & New Hampshire. If you have a legal problem originating in another jurisdiction, contact your local bar association.