Michael J Haller Jr.

FAQ - SOCIAL SECURITY

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What is the definition of disability under the Social Security Administration rules?

Are there other parts to this definition I have to meet?

But what if I have been found disabled by my company or Worker’s Compensation or any insurance company, etc.?

How does the Social Security Administration decide if I’m disabled or not?

Definitions

Question: What is the definition of disability under the Social Security Administration rules?

Answer: Generally, if one cannot work for eight hours per day, five days per week due to a medical condition, they will be found disabled under the Social Security Administration’s rules. This “work” is not only their past work, but includes any work. For example, if a medical condition prevents one from being an over-the-road truck driver, but does not prevent them from working in a job that requires no lifting, they are likely not disabled.

Question: Are there other parts to this definition I have to meet?

Answer: Yes. To receive disability insurance benefits, 20 of the last 40 quarters must have been worked. If not, you may be eligible for SSI (Supplemental Security Income).

Question: But what if I have been found disabled by my company or Worker’s Compensation or any insurance company, etc.?

Answer: This is a good start, but not going to dictate the outcome in your Social Security Administration case. The rules are not the same, even if it is a V.A. Disability.

Question: How does the Social Security Administration decide if I’m disabled or not?

Answer: Voodoo. Just kidding. There is a 5-step sequence that the examiners and Judges use.

ABOUT SOCIAL SECURITY DISABILITY

Definitions

Substantial gainful activity means work that involves significant physical or mental duties done for pay or profit, eight hours per day, five days per week.

Residual functional capacity is your remaining physical and/or mental capacity to perform work.

Disability means any physical or mental conditions that are severe enough to limit one’s work performance.

Partial disability occurs when you cannot perform some or all of the work you could have performed before your impairment, but the Social Security Administration does not recognize this as a compensable condition.

Impairment is a mental or physical condition that diminishes or prevents one from working.

Listing of Impairments means specific symptoms, signs, laboratory findings that are presumed to be severe enough to prevent you from working a year or longer. These are in the regulations written by the Social Security Administration.