Applying for Social Security Disability payments can be a challenging and confusing procedure. Particularly if you submit your application without the help of a knowledgeable Social Security Disability attorney, it may be challenging to grasp exactly what will happen at each stage of the process.
This tension can be reduced and you can be better prepared for the process if you are aware of how the Social Security Administration (SSA) determines disability. Read on to learn more and then contact PLBH at (800) 435-7542 for a free legal consultation.
The five elements that must be proven
According to federal law, a candidate (claimant) must demonstrate five factors before the SSA can pronounce him or her incapacitated and qualified for benefits:
- The claimant is not engaging in “substantial gainful activity” (SGA); and
- The claimant has a “severe” impairment; and
- The impairment meets or “equals” one of the impairments described in the social security regulations known as the “Listing of Impairments”; or
- Considering the claimant’s “residual functional capacity” (RFC), that is, what the claimant can still do even with his or her impairments, the claimant is unable to do “past relevant work” (PRW); and
- Other work within the claimant’s RFC, considering age, education and work experience, does not exist in the national economy in significant numbers.
These five components make up a sequential evaluation procedure that consists of five steps. The word “sequential” is crucial since it indicates that if a claimant cannot demonstrate any of the stages (apart from step 3), they will not be considered disabled.
These elements can be confusing
This concept can produce what appear to be strange outcomes, which is bewildering to many people. For instance, even if a person fits the criteria for one of the severe impairments listed in the Listing of Impairments (step 3), the SSA will not consider him incapacitated if he engages in significant gainful activity.
This is why, if you have any doubts about your eligibility, you should speak with a Social Security Disability attorney who can help you with your application.
We can help you better understand these elements
The five-step method has distinct definitions under federal law for each of its “phase.” For instance, determining what constitutes “gainful” activity typically entails looking at earnings, however this is not always the case because some candidates may be self-employed and operating at a loss. Your ability to engage in substantial gainful activity and your past and present employment history might both be taken into account when creating a Social Security Disability claim.
The five-stage sequential evaluation process is a crucial yet difficult step in getting disability benefits approved. PLBH can assist you if you have any inquiries concerning this feature of Social Security. Call (800) 435-7542 or send an email to info@plblaw.com to set up an appointment with a knowledgeable Social Security Disability lawyer.