Social Security Hearings

I received an e-mail from a veteran in Montana asking me if his health condition would be considered disabling under Social Security. Because the definition of disability for Social Security is different than other disability programs, including VA Benefits, long term disability insurance, and many state programs, the question was a good one. Unlike VA benefits, which offer various percentages of disability, Social Security is an "all or nothing" proposition concerning disability. A person is either disabled or not disabled under the rules. In order to come to this decision, Social Security uses a five-step process, called the sequential analysis.

 

Step one asks if the individual is engaging in what is called "substantial gainful activity" or SGA for short. SGA is work, as commonly understood. One cannot work and be considered

disabled under the definition. However, not all work is considered to be SGA. For instance, work which grosses less than $900 a month is not SGA and is therefore allowed when applying for and receiving disability benefits. Therefore, part time work that grosses under $900 a month is allowed.

Step two asks if the claimed impairment is severe. Almost any ailment diagnosed and treated under a doctor's care is considered to be severe.

Step three asks if the impairment meets or equals a listing. Listings are a published set of specific severity benchmarks. If one meets the specific criteria of a Listing, that person is automatically determined to be disabled. There are chapters of Listings for different types of impairments, including cardiovascular, pulmonary, and mental illnesses. However, meeting all the requirements of a specific Listing is often difficult to achieve. Accordingly, most cases move on to step four of the sequential analysis.

Step four asks if the individual is able to return to their past relevant work.Past relevant work is defined as any work performedin the last fifteen years. For example, if an individual worked as an auto mechanic and now has a painful back condition, that person would not be able to perform their past relevant work. The sequential analysis then moves on to the final question.

Step Five asks if the individual can perform any other work, given their age, education and past relevant work. This question means that an individual must prove that he or she is unable to perform any type of job that exists in the economy. This includes hypothetically simple jobs such as security guards or parts inspectors. Social Security does not consider if such jobs are hiring in the area or if the job could support the person. The evaluation is done entirely on a hypothetical basis. However, if a person is over the age of fifty, the rules become easier. A person over fifty need only prove that he or she can not perform their past relevant work and is limited to sedentary or light types of jobs.

Mr. Bimberg exclusively handles Social Security claims across the country and is glad to answer your questions. He may be reached at 1-800-675-0613 or at gbimberg@levinebenjamin.com