General Information on Social Security Disability Eligibility
Social Security's Definition of Disability
An individual will be determined to be disabled only if his or her physical or mental impairments are of such severity that she is not only unable to do her previous work but cannot, considering her age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy; AND the impairment has lasted or can be expected to last for 12 months or is expected to result in death.
The Five Step Evaluation Process
Social Security uses a five step evaluation process to determine if an individual is disabled.
Step 1: Income Levels. Work generating more than $900 per month (in 2008) after appropriate deductions constitutes substantial gainful activity (SGA) and disqualifies an applicant for disability benefits. Unsuccessful work attempts of up to 6 months generally don't count. The SGA amount changes every year.
Step 2: The Severity Step. You must have a medical condition, either mental, physical or both, which limits your ability to work. As noted, your impairment must have lasted or be expected to last for 12 months. However, claimants with symptoms that wax and wane may still qualify under this requirement if the active periods of their illness are enough to keep them from working.
Step 3: The listing of impairments. If your condition is one of the conditions SSA has listed and described in a series of rules, you will be found disabled. Most people do not fit within "a listing." If not, your case is evaluated at Step 4.
Step 4: Unable to work at previous job. If you are not found disabled at step 3, the next question is whether you are capable of doing any work that you have performed in the last 15 years.
Step 5: Able to do other work. If you are found unable to return to your previous work, then SSA must prove that you can do "other work" that exists in the national and local economies in significant numbers. In determining what "other work" to consider, SSA will evaluate your age, education, any transferable skills you might have from your past work, and how your mental or physical impairments limit you.
Drug and Alcohol Use
If an ALJ finds that a claimant is disabled due to his or her impairments under the five step evaluation process (without considering any effect of drugs and alcohol) and there is also "medical evidence of [his or her] drug addiction or alcoholism," then the ALJ proceeds to determine if the claimant "would still be disabled if he or she stopped using alcohol or drugs." In other words, the ALJ decides whether the substance abuse is a "material factor" in the disability. If it is a material factor in the disability, then benefits are denied. Generally, an individual with a drug or alcohol abuse problem has a difficult time winning a disability case if the drug or alcohol use makes other impairments worse or otherwise affects the individual's ability to work