Evaluation of Disability

Evaluation-of-Disability

Definition of and Evaluation of Disability

The definition of disability can be found Title 20 of the Code of Federation Regulations, Section 404.1505 and Section 416.905. These regulations can be found on the internet on the official site of the Social Security Administration. The official site is SSA.gov. Then click on “Information for Attorneys and Representatives”; then click on “Resources, Fact Sheets and Guides”; then click on “The Regulations”; then click on “Part 404” or “Part 416;” and then click on §404.1505 or § 416.905. The entire process for the evaluation of disability for purposes of being awarded either Social Security Disability Insurance or Supplemental Security Income can be found in Part 404 and Part 416. The standards for the award of either Disability Insurance or Supplemental Security Income are the same. The primary difference between the two programs is that Disability Insurance is based upon credits earned by individuals who have paid into the Social Security system; and the Supplemental Security Income Program is for those who have never worked or those whose Insurance Benefit amount is below the amount that someone solely receiving Supplemental Security

Income would receive. Then the Insurance Benefit amount is supplemented with Supplemental Security Income. The monthly amount of Disability Insurance is based on

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the amount of wages that have been earned. Medicare is received by those who have received 24 months of Disability Insurance, and Medicaid is received by those who receive at least $1 of Supplemental Security Income.

A New York Social Security

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Social Security law defines disability for purposes of Disability Insurance “as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months. To meet this definition, you must have a severe impairment(s) that makes you unable to do your past relevant work (see § 404.1560(b)) or any other substantial gainful work that exist in the national economy. If your severe impairment(s) does not meet or medically equal a listing in appendix 1, we will assess your residual

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functional capacity as provided in §§ 404.1520(e) and 404.1545. (See §§ 404.1520(g)(2) and 404.1562 for an exception to this rule.) We will use this residual functional capacity assessment to determine if you can do your past relevant work. If we find that you cannot do your

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past relevant work, we will use the same residual functional capacity assessment and your vocational factors of age, education, and work experience to determine if you can do other work.” 20

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C.F.R. § 404.1505. A parallel definition for disability for Supplemental Security Income purposes can be found in § 416.905.

The “Listing of Impairments” in Subpart P of Part 404 sets forth criteria to determine if an impairment is so severe that any individual whose impairment “meets or equal” a listing will be found to be disabled. The Listings are divided up into 14 body systems and disorders. For example, Section 1.00 describes impairments of the Musculoskeletal System. Section 14.00 describes Immune System Disorders. Residual functional capacity is your capacity to perform physical and mental activities despite your impairments and pain. These

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include exertional impairments such as sitting and standing and non-exertional impairment such as mental/emotional or psychological impairments which interfere with mental activities required for work including such abilities as understanding and remembering.

A New York Social Security lawyer can help. If you live in Queens, contact a Queens Social Security lawyer. If you live in Brooklyn, a Brooklyn Social Security lawyer. Bronx residents should contact a Bronx Social Security lawyer. If you are in Staten Island, contact a Staten Island Social Security lawyer. If you reside on Long Island, a Long Island Social Security lawyer. You should always contact a Social Security Disability lawyer for advice in this matter.