You decided to file for social security disability and start the long process. You begin collecting medical records, work history, various reports and statements; check out this article outlining this process. We urge you to make sure the application is accurate; getting a hearing can take up to 376 to 682 days in Florida. If you are missing critical documents, you will have to go back to Go (only you won’t be collecting $200).
Once your claim comes up for hearing, the Social Security Judge will go through a 5 step “sequential evaluation process” to decide whether you meet Social Security’s definition of disability. After any one of these steps, the Judge might determine that you are able to work and deny your claim. Frustrating but you are entitled to file an appeal.
The 5 Step Process that will decide your Social Security Disability benefits:
Step 1: Your work status:
The Social Security Judge will determine:
- Whether you are working and, if so,
- Whether the work you are doing meets the definition of ‘substantial gainful activity’ (SGA). Substantial Gainful Activity is generally work that brings in over a certain dollar amount per month. In 2018, that amount will be $1,180 for non-blind disabled applicants, and $1,970 for blind applicants.
If you are working, your claim will be denied. If you are not working, the Judge will go to Step 2.
Step 2: Is your disability ‘severe’:
The Judge will decide whether you have an impairment or a combination of impairments that is “severe;” A severe impairment is one that prevents you from engaging in any substantial gainful work.
If your impairment is not “severe”, your claim will be denied. If it is severe, the Judge will go to Step 3.
Step 3: The length of time:
Time plays a role in getting to the next step. The Judge will determine if:
- Whether your impairment(s) meets the ‘duration requirement’- how long it has lasted, how long it can be expected to last and if it might lead to death.
- Whether you have an impairment(s) that meets a listed impairment in the ‘Listing of Impairments’. Social Security’s Listing of Impairments contains the most common medical conditions considered to be severe enough to keep someone from working.
If you match the requirements of a listed impairment, you will qualify for disability automatically, regardless of whether you can actually work or not. If you do not meet a listing, the Judge will go to Step 4.
Step 4: Your work history:
- Whether you worked in the past, and, if so,
- The physical and mental demands of your past work, and
- Whether you can return to past work or perform it as it is generally performed in the ‘national economy‘.
If you can return to past work, you will not qualify for disability. If you cannot return to past work, the Judge will go to Step 5.
Step 5: What you can and cannot do:
- The Judge will determine your RFC (Residual Functional Capacity) – what work-related activities you can do despite your disability.
- The Judge will consider your age, education, the work you have done in the past, whether your skills are transferable to another job, and whether the work you can still do (given your limitations) exists in ‘significant numbers in the economy’.
If the Judge finds that there are other jobs that you can do, then you are not disabled. If there are no other types of jobs that you can do, you will be granted disability benefits at Step 5.
WHAT CAN YOU DO IF YOUR DISABILITY CLAIM IS DENIED?
According to the SSA, only 26% of first time applicants are approved for disability benefits but you do have the right to appeal at any stage, either by yourself or with the help of an attorney. But note that you only have 60 days to appeal; if you are late, you need to start the process all over again.
Why should I hire an attorney to file my appeal?
SSDR determined that appeals handled by an attorney have a 50% greater chance of success. There are no upfront fees or costs; attorneys only collect fees if they win your case and the fees are capped.
Hoffman, Larin & Agnetti has been fighting for the rights of South Floridians for over 35 years. Call our offices for a FREE review of your file at any of our offices in Broward, Dade or Monroe Counties.