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Questions Asked to Determine Disability

To decide whether you are disabled, the government uses a step-by-step five question process:

  1. Are you working?
    If you are working in 2008 and your earnings average more than $940 a month, you generally cannot be considered disabled. (If you are not working, go to Step 2.)

  2. Is your condition "severe"?
    Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, you will not be found to be disabled. (If your condition does interfere with basic work-related activities, go to Step 3.)

  3. Is your condition found in the list of disabling conditions?
    For each of the major body systems, they maintain a list of medical conditions that are so severe they automatically mean that you are disabled. If your condition is not on the list, they have to decide if it is of equal severity to a medical condition that is on the list. If it is, they will find that you are disabled.
    (If it is not, go to Step 4.)

  4. Can you do the work you did previously?
    If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then they determine if it interferes with your ability to do the work you did previously. If it does not, your claim will be denied. (If it does, proceed to Step 5.)

  5. Can you do any other type of work?
    If you cannot do the work you did in the past, they see if you are able to adjust to other work. They consider your medical conditions and your age, education, past work experience and any transferable skills you may have. If you cannot adjust to other work, your claim will be approved. If you can adjust to other work, your claim will be denied.

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