The Social Security Administration uses a five-step sequential evaluation process to decide whether you are disabled.
These rules apply to you if you file any of the following applications for disability benefits: Supplemental Security Income benefits, disability insurance benefits, child’s insurance benefits, or widow’s or widower’s benefits.
Social Security will consider all evidence in your case record when it makes a decision whether you are disabled under its rules.
The sequential evaluation process is a series of five “steps” Social Security follows in a set order in deciding a disability claim. If Social Security finds that you are disabled or not disabled at a step, it does not move to the next step. If Social Security cannot find you are disabled (or not disabled) at a step, then it moves on to the next step.
These are the five steps Social Security follows:
(1) At the first step, Social Security considers your work activity, if any. If you are doing substantial gainful activity, Social Security will find that you are not disabled.
If you are not working, Social Security goes to Step 2.
(2) At the second step, Social Security considers the medical severity of your impairment(s). Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, Social Security will find that you are not disabled.
If your condition does interfere with basic work-related activities, Social Security goes on to Step 3.
(3) At the third step, Social Security also considers the medical severity of your impairment(s). For each of the major body systems, Social Security 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, Social Security has to decide if your condition is of equal severity to a medical condition that is on the list. If you have an impairment(s) that meets or equals the requirements of one of its Listings of Impairment and meets the duration requirement, Social Security will find that you are disabled.
If your impairment does not meet or equal a listing, then Social Security goes to Step 4.
Before Social Security goes from Step 3 to Step 4, it will assess your ” residual functional capacity.” Social Security uses this residual functional capacity assessment at both Step 4 and Step 5 when it evaluates your claim at these steps.
(4) If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then Social Security must determine if it interferes with your ability to do the work you did previously (your “past relevant work”). At the fourth step, Social Security considers its assessment of the abilities you still have even with your disabling conditions (your residual functional capacity) and your past relevant work. If you can still do your past relevant work, Social Security will find that you are not disabled.
If you cannot do your past relevant work, Social Security proceeds to Step 5.
(5) At the fifth and last step, Social Security will decide if you are able to adjust to other work. It 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.
Contact McCormick & Vilushis LLC today to learn how we can assist you with your SSD claim.
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