Houston Social Security Disability Attorney Discusses the Definition of Disability

Описание: Houston Social Security Disability Attorney Marc Whitehead, Board Certified Social Security Disability Houston Lawyer, discusses the Definition of Disability.

The Social Security system uses a Five Step Sequential Evaluation Process to Determine Disability.

Disabled is defined as an inability to engage in work because of a documented physical or mental impairment which can be expected to cause death or which has lasted or can be expected to last at least 12 months.

Under the 5 Step Sequential Evaluation the following must be proved by a claimant in order to be found disabled. The 5 Steps are as follows:
Step 1- The Claimant is not engaged in substantial gainful activity, meaning work that earns more than $1,000 a month.
Step 2- The Claimant has a sever impairment that limits your ability to work.
Step 3- The impairment meets or equals one of the impairments described in the Social Security Regulations, known as the listing of impairments. The listings are a stet of predetermined medical criteria that qualifies one for disability.
Step 4- Considering the Claimants Residual Functional Capacity, that is what the claimant can still do even with his or her impairments. The claimant is unable to do any past work that they preformed in the last 15 years.
Step 5- The claimant must show "other work" within the claimants residual functional capacity considering their age, education and past work experience does not exist in significant numbers in the national economy.

Most claimants don't have a problem proving the first two steps, that they aren't working and they have a severe impairment. The third step, meeting or equaling a medical listing is hard to do but fortunately it's optional. The real issue is proving what your Residual Functional Capacity is in the critical Steps 4 & 5.

What is a Residual Functional Capacity or RFC? At steps 4 & 5 in the Sequential Evaluation your RFC is the maximum remaining ability you have to do sustained work activities at an ordinary work setting, on a regular and continuing basis. Now a regular and continuing basis means work done for 8 hours a day, 5 days a week or an equivalent schedule.

For more Social Security Disability answers please feel free to download our free eBooks:

The Social Security Puzzle

Visit https://disabilitydenials.com/social-... for a free downloadable copy.

Or contact our office to discuss your particular disability issues at:
Marc Whitehead & Associates Attorney at Law, LLP
403 Heights Blvd
Houston, TX 77007
(713) 228-8888