Social security publishes a listing of impairments. The listing becomes relevant at step three of the sequential evaluation process which is what social security uses to make a decision. The first three steps of the evaluation process are as follows. One, is the claimant working? If the answer is yes, you lose. If the answer is no, they are not working, Go to step two. Step two is, is the condition a severe condition? If the answer is no, it’s not severe, you lose. If it is severe, you go to step three. Step three is, does the disability, does the physical or mental impairment rise to the level of a listing? An example of a Social security listing is blindness.
If you are blind, the case is over, you win. It’s on the list of disabling conditions. If you are missing two legs, you are disabled. It’s on the listing of conditions. If you have a herniated disc with radiculopathy and a positive straight leg raise and anatomic confirmation through a nerve conduction study, you win, because social security says these are listed impairments. You would be surprised how broad some of those listings are, for physical impairments as well as mental impairments.
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