How does the Judge decide a Social Security Disability claim?
A Social Security Judge goes through the a certain analysis to make a decision about a claimant. This articles outlines the process the Judge will apply during the hearing process.
A Social Security Judge goes through the following process in determining whether you qualify:
- Actively Working? If you are not working or working very little, then you go onto step 2. If you are working or earning a certain amount of money, you will be denied.
- Disabled for 12 months? You must have been out of work or expected to be out of work for the twelve months due to the claimed disability. If this is the case, then you move onto the third step.
- Listed Disability? If you have an impairment or impairments that meet or equal a listing in the social security regulations, you will be found disabled at this step. If your mental and/or medical impairments do not meet or equal a Social Security disability impairment manual listing, you move on to the fourth step of the sequential evaluation process.
- Able to perform Past Work? If you can meet the physical and mental demands of your past work you will not be found disabled. If you cannot, then you move to step five.
- Transferable Skills? If you are not able to meet the mental and physical demands of your past work, Social Security determines whether you are able to find other work given your skills and abilities. If the vocational data and your health limitations and skills provide for such employment, you will be denied. However, if Social Security determines that you are unable to make an adjustment to other work, you will be approved.
Your credibility is very important and is weighed heavily when making certain determinations.