Social Security Disability claims are decided using a sequential evaluation defined by the U.S. Code of Federal Regulations. In this six-part blog series, we’ll look at each of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits. Today, we’ll review the overall process.
In determining disability, the Social Security Act looks at both the “medical” and “vocational” elements.
The Social Security Disability Medical and Vocational Definitions
The Social Security Act defines the medical component of disability as the “inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.”
The act looks at vocation component to determine if the impairment or combination of impairments “are of such severity that he is not only unable to do his previous work but cannot, considering his age, education and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work.”
For a free legal consultation, call 800-562-9830
The Social Security Disability Five Step Sequential Evaluation
The Five-Step Sequential Evaluation addresses both the medical and vocational factors by asking the following questions, in order:
- Substantial Gainful Employment? (No)
- Severe Impairment Lasting 12 Months or Resulting in Death? (Yes)
- Impairment Meets or Equals Severity of a Defined Medical Listing? (Yes)
- Can Claimant Perform Past Relevant Work? (No)
- Can Claimant Perform Other Available Work? (No)
You must provide the answers listed above to meet the Social Security Administration’s definition of disability. It is your responsibility to prove through medical evidence that your disability will last continuously for 12 months or result in death. This is a daunting and difficult task to overcome but is possible with the help of an experienced Social Security Disability attorney.
In part two of the series, we’ll look at Step 1 of the Five-Step Sequential Evaluation Process – proving an inability to obtain gainful employment.
Get Help with Disability Denials
At Marc Whitehead & Associates, we want to equip claimants with the disability help and free legal resources that will help them secure their benefits. The resources we offer do not replace the legal advice we provide to individual clients. But they can help you understand what you must do in order to secure the disability benefits that are rightfully yours.
With the right resources and legal counsel, you can proceed undeterred and overcome what appears to be unbeatable opposition. Click here to check out our free resources, which include:
- Download free eBooks that tell you the facts you need to know about disability claims.
- Read our online disability guide: The Complete Guide to Disability Claims, Insurance and Benefits
- Subscribe to our newsletter, Disability Rights Advocate
- Read articles about long term disability benefits and your legal rights.
The disability claim process can be daunting. Every bit of information submitted will be put under a microscope by the insurance company.
A free case evaluation is a phone call away. Call 800.562.9830 to discuss your specific disability issues with an experienced Social Security Disability Lawyer at Marc Whitehead & Associates. We will give you straightforward answers about your options.
Call or text 800-562-9830 or complete a Free Case Evaluation form
