A Lawyer's Explanation of the SSA's Definition of "Disability"
According the Social Security Administration, a disability is defined as the "inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or has lasted or can be expected to last for a continuous period of not less than 12 months."
Simply put, this means that you may be considered disabled if you cannot work because of a physical or mental condition - a condition that is life threatening or that affects you for a year or more.
Any number of physical ailments may meet the threshold for disability. The SSA has a number of categories for disabilities, including musculoskeletal conditions or injuries, neurological conditions, and severe digestive disorders.
A disability does not have to be a physical ailment. Certain mental conditions can fall under the SSA's definition of disabled. Schizophrenia, severe depression, bipolar disorder, and brain injuries are but some examples of conditions that may fall under this definition.
How the Social Security Administration Makes its Decision
The Disability Determination Services office in your state uses a five-step process to decide whether or not you are disabled:
- Your current ability to work: If you are earning more than a certain amount each month, the government may not consider you disabled. You may be able to work a limited amount, but it is a good idea to talk with us about your situation.
- The severity of your medical condition: For the government to consider you disabled, your medical condition must significantly limit your ability to do basic work activities. These include things like walking, sitting and remembering information.
- The List of Impairments: If your condition is found severe, the next step is to determine whether it either meets or equals in severity one of the conditions contained in a list developed by the Social Security Administration. If your symptoms do you can be presumed disabled. If not, Social Security will consider how the condition affects your ability to function.
- Your ability to do work you did before: The government looks at whether or not you can do the work you did before.
- Your ability to do any kind of work: If you cannot do the work you did before your injury or disability, the government determines whether or not you can do other types of work. Depending on your health, age and other factors, the government may determine that you cannot work at all.
To learn more about the Social Security Administration's definition of disability and whether or not you qualify, please contact attorney Cynthia Berger at the Pittsburgh, Pennsylvania, law firm of Berger and Green. Contact us online or call us toll free at 888-572-1164 for a free initial consultation.
