In reaching a determination as to whether or not a claimant, an applicant, is disabled, social security goes through a five step process. The five steps are 1, is in the individual working? If the answer is, “No,” you go to step two. Step 2 is, is the medical condition or mental condition severe? If the answer is, “Yes,” you go to step 3 Step three is, does the condition meet a listing? Social security publishes a list of conditions that are presumed, assumed, accepted as being disabling. For example, blindness is a listed impairment. If you’re blind, you’re going to win your social security case. There are a lot of conditions which you wouldn’t expect normally, would be listed impairments, but they are. Many are mental impairments; there are many conditions such as a herniated disk in your back with radiculopathy, pain going down your legs with a positive straight leg raise, with nerve studies that show there is nerve involvement, which would also be a listed condition.
In our cases the first thing we look at is whether the condition meets a listing, because we know if it meets the listing that our client is going to get social security disability.
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