4 WAYS TO BE FOUND DISABLED

Most people are not aware that there are 3 general ways of being found disabled by the Social Security Administration.  These are

• by being blind
• by meeting a Social Security Listing (Part 404, Subpart P, Appendix I)
• by use of a Grid Rule (Part 404, Subpart P, Appendix II)
• by using a combination of impairments and symptoms as a framework for disability

 A claimant need only meet one of the above requirements, not all 4.  Here's a brief explanation of the 3 items (blindness being self explanatory).

Meeting a Listing.  Social Security publishes a list of impairments which are divided into 13 body systems.  It gives a list of various impairments and all the specific symptoms that must be demonstrated to "meet or equal a listing," that is, show the required level of severity.  Meeting a listing automatically results in a finding of disability.  Because the required severity levels are quite extreme and the necessary symptoms quite specific, listings are often difficult to meet.

Use of a Grid Rule.  Social Security publishes a "grid" that takes into account the claimant's functional capacity, age category, education and past relevant work experience to draw a conclusion about disability.  These rules direct a finding of either "disabled" or "not disabled" based on the 4 factors mentioned above.  An individual over age 50, with limited education, no skilled or semi-skilled work history and a functional capacity limited to sedentary work would have the very highest profile to be found "disabled."  (Other individuals who do not meet this profile can certainly be found disabled, it's just that their chances are relatively lower).

Combination of Impairments as a Guideline.  If an individual does not meet a listing and is not shown disabled by a Grid Rule, he/she may still make the case that severity level of combined impairments make him/her unable to work, therefore, disabled.  This is a very common way to be found disabled, in fact.  This is the way most hearings or appeals are approached by attorneys and advocates.  We seek to show that even though a person does not meet a Listing, he/she has severe impairments, the symptoms of which make full-time work impossible.  We can use both physical and mental symptoms to show this.  Let me stress that all the symptoms must be documented with strong medical evidence.  It is not enough to make empty claims before a judge.  Those claims must be medically supported.

Combination of Impairments as a Guideline often work best for younger individuals (under age 50), who have high school educations or higher, and who have skilled or semi-skilled work history.  For example, if you have a college degree, are only 35 years old, but have impairments so severe that you cannot perform work related activities 8 hours a day, 5 days per week, you are disabled.  Yet, you may not meet a Listing or a Grid Rule.  A hearing is often necessary to show that you really are disabled in spite of the preconceived rules.

To get information about a Social Security disability claim, including a free evaluation, contact:

THE FORSYTHE FIRM (www.Get-SS.com)
Social Security Disability Advocates
7027 Old Madison Pike     Suite 108
Huntsville, AL 35806         PH:  (256) 799-0297    Toll Free:  855-854-CASH