The Social Security Disability System uses a Five Step Sequential Evaluation Process to determine disability. Disabled is defined as an 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.
Under the five-step sequential disability evaluation process the following must be proved by a claimant in order to be found disabled:
- The claimant is not engaged in substantial gainful activity; and
- The claimant has a severe impairment; and
- The impairment meets or equals one of the impairments described in the social security regulations known as the Listing of Impairments; or
- Considering the claimant’s residual functional capacity, that is, what the claimant can still do even with his or her impairments, the claimant is unable to do past relevant work; and
- Other work within the claimant’s residual functional capacity, considering age, education and work experience, does not exist in the national economy in significant numbers.
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Social Security law can be very complex and exhausting, let Marc Whitehead and Associates take care of the headache, and help you maximize your social security disability claim for you and your family! Contact us and download our free e-book, “The Social Security Puzzle-How to Fit the Pieces Together” at our website disabilitydenials.com.
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