On this blog we’ve covered the 5 step sequential evaluation process , which is the method Social Security uses to determine if a claimant is disabled. We’ve also discussed how a person can be successfully found disabled by equaling a Listing.
However, the most direct way to be found disabled is to meet a Listing of Impairments. The Listings (there is both an adult Listing and a child Listing) are just what they sound like: a list of medical conditions that, in Social Security’s judgment, are so severe that merely meeting the criteria is enough to find a claimant disabled. To “meet” a Listing means that Social Security does not even get into what a claimant’s physical and/or mental limitations are; a person with a condition contained in the Listing who is not currently working is presumed to be unable to work on a full-time basis.
There are a variety of sections in the Listing of Impairments, covering a wide range of both physical and mental health conditions. Some listings are very straightforward, requiring only a test or examination (see, e.g., section 3.02 (requiring an FEV1 level below a certain threshold depending on the claimant’s height)) or a certain number of events (see, e.g., section 11.02A (requiring seizures with loss of consciousness more frequently than once per month despite at least three months of prescribed treatment)). Other sections of the Listing are more opinion-based, such as an opinion by a medical professional about the severity of the condition’s impact (see, e.g., section 12.04B (requiring marked difficulties or restrictions in activities of daily living, social functioning, or concentration, persistence or pace)).
Whether your condition is opinion-based or based on your medical evidence alone, having a Social Security disability attorney like those at Greeman Toomey PLLC can assist you in analyzing your situation and presenting your strongest case to Social Security.
