So, what is a "disability?" It is any physical or mental impairment that has more than a minimal effect upon a person's ability to work. Social Security uses a five-step process in determining disability. They ask five questions: (1) is the person working? (2) does the person have a "severe" impairment? (3) does the person have an impairment that meets or equals one of their listings? (4) can the person return to their past relevant work? (5) can the person do any other work that exists in the national or regional economy?
I'll use future blogs to discuss each of these questions, but understand that each step in the five-step process is important. The claimant has the burden of answering the first four questions. If the claimant can prove that they cannot return to their past work, then the burden shifts to SSA to prove that there are other jobs that the claimant can perform, considering their age, education, past work experience, and health problems.
I'll use future blogs to discuss each of these questions, but understand that each step in the five-step process is important. The claimant has the burden of answering the first four questions. If the claimant can prove that they cannot return to their past work, then the burden shifts to SSA to prove that there are other jobs that the claimant can perform, considering their age, education, past work experience, and health problems.
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