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We use a five-step process to decide if you are disabled.
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Are you working?
If you are working and your earnings average more than a certain amount each month, we
generally will not consider you disabled. The amount changes each year. For the current
figure, see the annual Update (Publication No. 05-10003).
If you are not working, or your monthly earnings average the current amount or less, the
state agency then looks at your medical condition.
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Is your medical condition “severe”?
For the state agency to decide that you are disabled, your medical condition must
significantly limit your ability to do basic work activities—such as walking, sitting and
remembering—for at least one year. If your medical condition is not that severe, the state
agency will not consider you disabled. If your condition is that severe, the state agency
goes on to step three.
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Is your medical condition on the List of Impairments?
The state agency has a List of
Impairments that describes medical
conditions that are considered so severe that they automatically mean that you are disabled
as defined by law. If your condition (or combination of medical conditions) is not on this
list, the state agency looks to see if your condition is as severe as a condition that is
on the list. If the severity of your medical condition meets or equals that of a listed
impairment, the state agency will decide that you are disabled. If it does not, the state
agency goes on to step four.
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Can you do the work you did before?
At this step, the state agency decides if your medical condition prevents you from being
able to do the work you did before. If it does not, the state agency will decide that you
are not disabled. If it does, the state agency goes on to step five.
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Can you do any other type of work?
If you cannot do the work you did in the past, the state agency looks to see if you would
be able to do other work. It evaluates your medical condition, your age, education, past
work experience and any skills you may have that could be used to do other work. If you
cannot do other work, the state agency will decide that you are disabled. If you can do
other work, the state agency will decide that you are not disabled.
Special rules for blind people
There are a number of other special rules for people who are blind. For
more information, ask for If You Are Blind Or Have Low Vision—How We Can Help (Publication No. 05-10052).
We will tell you our decision
When the state agency reaches a decision on your case, we will send you a
letter. If your application is approved, the letter will show the amount of your benefit and
when your payments start. If your application is not approved, the letter will explain why and
tell you how to appeal the decision if you do not agree with it.
What if I
disagree?
If you disagree with a decision made on your claim, you can appeal it. The
steps you can take are explained in The Appeals Process (Publication No. 05-10041), which is available from Social
Security.
You have the right to be represented by an attorney or other qualified
person of your choice when you do business with Social Security. More information is
in Your Right To
Representation (Publication No. 05-10075), which is also available from Social
Security.
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