Social Security will find that you are disabled if you can prove that you cannot engage in “substantial activity” because of medically determinable condition or conditions that has lasted or is expected to last 12 consecutive months or result in death.
Wow, that is a mouthful. Let’s try to translate that into plain English.
Here’s how I explain SSA’s definition of disability to my clients: you are disabled if you have a medical condition that prevents you from reliably performing the tasks of a full time, simple, entry-level job.
The important thing to remember here is that SSA defines disability in terms of your capacity to work.
Yes, your medical issues are important, but they are not as important as how that medical condition impacts your capacity for work.
So, you could have 3 herniated discs, severe asthma, diabetes, gout and a fractured knee cap, but you are not “disabled” for Social Security purposes if you can’t find a doctor to say that these medical issues will prevent you from performing a simple, entry level job.
On the other hand, if you have mild congestive heart failure, but you have been prescribed a diuretic like Lasix that makes you urinate every 45 minutes, you would have a good argument for disability because no employer is going to allow a new, entry-level employee to take an unscheduled break of 5 to 7 minutes every 45 minutes.
We’re going to go into detail about exactly what type of evidence you will need to win your case but for now, keep in mind that disability is more about work capacity limitations than medical diagnoses.
Proving Disability Now & Moving Forward
Social Security has not changed its definition of disability but it has tightened up on regulations regarding the evidence we would need to submit to prove that you meet this definition.
Approval rates for cases has dropped from over 60% in 2010 to around 42% in 2015. My experience remains that strong cases will continue to be approved but claims where you don’t give Social Security claims agents and judges exactly what they need are going to be denied.
That's why building a strong case is so critical.
The best positioned people leverage their position
to increase the probability they will be approved.
And that's why a well educated and experienced advocate is so valuable. They can help you navigate these murky waters.
So, now you understand how Social Security defines the word “disability,” you can better prepare yourself for what they expect.
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