Welcome to our SSD 101 Series! Similar to our Workers Comp 101 series, we at the Law Office of Joseph A. Romano, PC want to give people information that they can use to get the benefits they need to live comfortably. Check out or Schedule Loss of Use and Workers Comp blogs for further assistance when you're hurt at work.
Can I collect SSD? Here's the five step process the Social Security Administration uses to determine eligibility.
Social Security uses a Five Step Process to decide if you are disabled:
1.) Are you currently working?
If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003). If you are not working, or your monthly earnings (either working part time or other income earned) average the current amount or less, the state agency then looks at your medical condition.
2.) Is your medical condition “severe”?
For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled.
3.) Is your medical condition on the List of Impairments?
The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical
condition meets or equals that of a listed impairment, the state agency will decide that you are disabled.
Remember there may be exceptions based on your specific circumstances. It's always recommended you contact an attorney to assist with filing for SSD. There are specific deadlines you must file if you meet SSD eligibility. Our Law Offices handle SSD/SSI cases from Inception through appeals and on a federal level.
4.) Can you do the work you did before?
At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled.
5. Can you do any other type of work?
If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will
decide that you are not disabled.
**This information is based on New York State. Each state may be different. This blog post is for informational purposes. Your specific circumstances may vary from the information provided. Every case is different. Prior results do not guarantee future outcomes. The contents contained in this post do not establish an attorney-client relationship. Please contact us before sending confidential or time-sensitive material**