WHAT DO SOCIAL SECURITY JUDGES LOOK FOR?

There are 5 things that Social Security judges look for to see if they can approve a disability claim.

1.  ARE YOU NOW WORKING?

The law does not permit a person to work at a substantially gainful job and get SSDI at the same time.  In 2020, you are gainfully employed if you work and earn at least $1,260 per month before tax.

2.  DO YOU HAVE A SEVERE MEDICALLY DETERMINABLE IMPAIRMENT?

Severe means an impairment or combination of impairments that significantly limit the individual's physical or mental abilities and, as a result, interfere with the individual's ability to perform basic work activities.  Also, this condition must have lasted or be expected to last for at least 12 straight months OR to result in death.  "Determinable" means that the impairment(s) can be diagnosed and analyzed by objective medical tests performed by a doctor or healthcare professional. Medical evidence will be required.

3.  DO YOU MEET A LISTING?

Listings are impairments listed in the Social Security "Blue Book," and which meet the extremely severe symptoms listed for each condition.  Most claimants do not have symptoms severe enough to meet a Listing; however, if you do meet a Listed impairment you are approved automatically.  If not, you will move on to Step 4 and perhaps Step 5 for a decision.  

4.  CAN YOU PERFORM ANY OF YOUR PAST RELEVANT WORK?

If you are able to perform any of your "Past Relevant Work" or PRW, you are not disabled and cannot get a benefit.  All work may not qualify as Past Relevant Work.  Jobs are considered PRW only if they were

• worked long enough for you to learn how to do the job adequately
• worked at a full time basis or at Substantial Gainful Activity
• performed within the past 15 year period

Many claimants who are age 50 or over and pass Step 4 will be approved here.  Others will go on to Step 5.

5.  CAN YOU PERFORM ANY OTHER FULL-TIME WORK?

If you are under age 50 (in some cases 55), and can perform some other full-time work which exists in the national economy, you will not be found disabled.  Generally, persons under age 50 who can work at a entry level, minimum wage or unskilled job will be denied.  If you get all the way down to Step 5 without being approved, you basically must show that there is no full-time work of any kind that you are able to perform.  This is a very difficult bar to jump over.  Obviously, it requires a very severe physical and/or mental impairment.

WHERE TO START?

A good starting place would be to contact a Social Security disability attorney or advocate and get a free case evaluation.  This will give you a good idea whether you meet the basic requirements and also how to approach your claim.  If the attorney/representative agrees to represent you, he or she will guide you through the application and appeals process.