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Old 02-25-2010, 09:12 PM
legalmania legalmania is offline
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Join Date: Feb 2010
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legalmania legalmania is offline
n/a
 
Join Date: Feb 2010
Location: The nicest and cleanest city in Georgia
Posts: 440
10 yr Member
Arrow Guidelines used to determination of SSA disability.

Under the authority of the Social Security Act, the SSA has established a five-step sequential evaluation process for determining whether an individual is disabled (20 CFR 404.1520(a). The steps are followed in order. If it is determined that the claimant is or not disabled at a step of the evaluation process, the evaluation will not go on to the next step.

At step one, the undersigned must determine whether the claimant is engaging in substantial gainful activity ( 20 CFR 404.1520 (b). Substantial gainful activity (SGA) is defined as work activity that is both substantial and gainful. "Substantial work activity" is work activity that involves doing significant physical or mental activities (20 CFR 404.1572 (a). " Gainful work activity" is work that is usually done for pay or profit, whether or not a profit is realized ( 20 CFR 404.1572(b)). Generally, if an individual has earnings from employment or self- employment above a specific level set out in the regulations, it is presumed that she has demonstrated the ability to engage in SGA (20 CFR 404.1574 and 404.1575). If an individual engages in SGA, she is not disabled regardless of how severe her physical or mental
impairments are and regardless of her age, education and work experience. If the individual is not engaging in SGA, the analysis proceeds to the second step.

At step two, the undersigned must determine whether the claimant has medically determinable impairment that is" (20 CFR) 404.1520 (c). An impairment or combination of impairments is "severe" within the meaning of the regulations if it significantly limits an individual's ability to perform basic work activities. An impairment or combination of impairments is " not severe" when medical and other evidence establish only a slight abnormality or a combination of slight abnormalities that would have no more than a minimal effect on an individual's ability to work (20 CFR 404.1521; Social Security Rulings ( SSRs) 85-28, 96-3p, and 96-4p). If the claimant does not have a severe medically determinable impairment or combination of impairment or combination of impairments, she is not disabled. If the claimant has a severe impairment or combination of impairments, the analysis proceeds to the third step.

At step three, the undersign must determine whether the claimant's impairment or combination of impairments meets or medically equals the criteria of an impairment listed in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520 (d), 404.1525, and 404,1526). If the claimant's impairment or combination of impairments meets or medically equals the criteria of a listing and meets the duration requirement ( 20 CFR 404.1509). the claimant is disabled. If it does not, the analysis proceeds to the next step.

Before considering step four of the sequential evaluation process, the undersigned must first determine the claimant's residual functional capacity (20 CFR 404.1520 (e)). An individual's residual functional capacity is her ability to do physical and mental work activities on a sustained basis despite limitations from her impairments, In making this finding, the undersign must consider all the claimant's impairments, including impairments that are not severe ( 20 CFR 404.1520(e) and 404.1545; SSR 96-9p).

Next, the undersign must determine at step four whether the claimant has the residual functional capacity to perform the requirements of her past relevant work ( 20 CFR 404.1520 (f) The term past relevant work means work performed (either as the claimant actually performed it or as it is generally performed in the national economy) either as the claimant actually performed it or as it is generally performed in the national economy) within the last 15 years or 15 years prior to the date that disability must be established. In addition, the work must have lasted long enough for the claimant to learn to do the job and been SGA ( 20 CFR 404.1560(b) and 404.1565). If the claimant has the residual functional capacity to do her past relevant work or does not have any past relevant work, the analysis proceeds to the fifth and last step.

At the last step of the sequential evaluation process ( 20 CFR 404. 520 (g)), the undersigned must determine whether the claimant is able to do any other work considering her residual functional capacity, age, education, and work experience. If the claimant is able to do other work, she is not disabled. Although the claimant generally continues to have the burden of proving disability at this step, a limited burden of going forward with the evidence shifts to the Social Security Administration. In order to support a finding that an individual is not disabled at this step, the Social Security Administration is responsible for providing evidence that demonstrates that other work exists in significant numbers in the national economy that the claimant can do, given the residual functional capacity, age, education, and work experience ( 20 CFR 404.1512 (g) and 404.1560 (c)).

Please go to www.socialsecurity.gov to look up the sections and statutes. This is what the agency uses as guidelines. Hope it's not too long. If this has been posted before sorry.

Last edited by legalmania; 02-25-2010 at 11:03 PM.
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