When you apply for federal disability benefits SSA will ask a number of questions to decide whether or not you fit the definition of "Disability".
Question Number One: Are you working?
If you are working at a job and make gross earnings of $700 per month, SSA will say you can work and you are NOT DISABLED.
If you are not working at that earnings level, then they will go to the next question.
Question Number Two: Do you have a severe impairment?
Have you been injured, or do you have an illness which matches the definitions in the "Listing of Impairments"? The "Listing of Impairments" is a set of SSA regulations which gives technical definitions of physical and mental conditions which SSA agrees are so severe that people who fit into these categories are automatically considered disabled. For instance, if you have asthma and must get a treatment in a doctor's office or an emergency room at least six times a year, you "meet the Listing" for asthma.
If your illness does match or equal in effect a "Listing" then SSA says your are DISABLED. If it does not, then they will go to the next question.
Question Number Three: Even if your impairment does not meet a listing, is it nevertheless severe and expected to last at least 12 months?
If you broke both your legs, you have a severe impairment which means you can't work now, but the doctors expect your legs to mend within six months. SSA will say you are NOT DISABLED.
However, if you do have a severe problem which has lasted or is expected to last at least a year, then SSA will go to the next question.
Question Number Four: Do your physical and/or mental impairments prevent you from doing all of the jobs you did in the past?
SSA will look at all the effects of all your physical and mental problems and will ask: can this person return to any of his past jobs? If the answer is Yes, then SSA will say you are NOT DISABLED. If the answer is No, then they will go on to the next question.
Question Number Five: Are there any other jobs which you can do?
SSA will look at all your impairments, and will evaluate your education, the work skills you developed over the years and the physical and mental things you can still do, despite your impairments. If there are any jobs in the national economy which you can still do, SSA will say you are NOT DISABLED. If there are No jobs you can do, then SSA will say you are DISABLED.
As you can see, this is a pretty complicated process, which is why people who get a lawyer to help them through the process are more successful. Be sure to give me a call if you are turned down. Don't give up---Ask me to help.