MEETING AN SSA LISTING


By Charles W. Forsythe
The Forsythe Firm, Huntsville, AL  1-855-854-CASH or (256) 799-0297

Social Security disability Listings are found in the Code of Federal Regulations, Part 404, Subpart P, Appendix I.  Various types of impairments are categorized according to 15 body systems and exact medical requirements are given for "meeting a listing."  For instance, Section 1.00 covers the musculoskeletal system disorders and section 15.00 covers disorders of the immune system.


The question often arises, "Must I meet the requirements of one of the disorders in "the Listings" to be disabled for Social Security benefit purposes.  The answer is, no.  Most of my clients who file successful Social Security disability claims do not meet the requirements of any listing.  This is because the listings are so specific and narrow that they are terribly difficult to meet.


There are 5 sequential steps to a disability consideration.  At Step 3, the question is posed:  "Does this claimant meet one of the listings?"  If so, the claimant should be found disabled at this point.  If a listing is not met, however, the adjudicator moves on to steps 4 and 5 - where the listings are not considered.


There are several techniques that I consider when a claimant does not meet one of the disability listings:


1.  Is there an underlying or accompanying impairment that does meet a listing.  For example, a claimant may not meet Listing 9.08 for Diabetes; however, he may have accompanying vision problems that could meet Listing 2.02, 2.03 or 2.04.


2.  If the claimant does not meet a listing, it is possible to "equal" a listing.  This can be accomplished by proving that the claimant has severe symptoms equal in character and severity to those described in the listing, even if they are not identical.


3.  Prove that the claimant has a serious and medically determinable impairment that prevents him from performing any substantial work-related activity, the listings notwithstanding.  Severe functional limitations are not required to meet a listing at steps 4 and 5 of the sequential process.


Therefore, a claimant can be approved for Social Security disability - even though he or she fails to meet one of the "listings."  


Our website gives more information about the Social Security disability process.  Please click the link below.


Find out what it takes to win a Social Security Disability claim - free and with no obligation.

Comments

Post a Comment

Popular posts from this blog

BASIC INFORMATION ABOUT SOCIAL SECURITY DISABILITY

WHAT IS SSDI?   SSDI stands for Social Security Disability Insurance. Since 1956, the US government has required most workers to contribute to a mandatory disability plan administered by the Social Security Administration.  Workers contribute approximately 7.5% of their income (listed as FICA tax on your pay stub) and employers match the amount.  The money goes into a trust account under each worker's Social Security number.  Then, if a disability occurs, the worker can apply for disability benefits. What Are Basic Requirements for Disability?   Assuming a person has worked long enough and recently enough to be covered, here are the basic rules for getting SSDI benefits: at least 1 severe impairment that is medically determinable (provable) the impairment will last a minimum of 12 consecutive months  the impairment is severe enough that the claimant has stopped working full-time What Steps Must You Take To Collect SSDI Benefits?   You ...
Read more

COSTS ASSOCIATED WITH A DISABILITY APPEAL (SSDI)

You decide to represent yourself in your Social Security disability appeal.  What cost can you expect to pay out of pocket? The biggest cost will probably be purchasing medical records.  Yes, you will have to purchase all your medical records.  This is something your attorney/representative would do for you if you were represented.  But if you represent yourself, you pay for all records upfront. Most doctors, hospitals and other providers will charge a set fee, usually called a "retrieval fee" just to locate your records.  Then, they will charge you $1 per page for the first 25 pages, then 50 cents per page thereafter. So, let's say you have 175 pages of records with Dr. A.  You pay $17.50 as a retrieval fee.  Then you pay $25 for the first 25 pages.  Then you pay $75 for the remainder of the records.  Dr. A. has just charged you $117.50 for your records. Not too bad, you say.  But wait.  You must obtain records from every d...
Read more

YOUR SOCIAL SECURITY DISABILITY COVERAGE MAY EXPIRE

Did you know that your Social Security disability program has a shelf-life?  Sure, you know your homeowners insurance comes with an expiration date.  So does your auto insurance.  But Social Security disability? Yes.  Social Security disability is insurance, just like your homeowners, auto policy or life insurance.  You pay for it with taxes (called FICA) deducted from your paycheck.  When you stop working, you also stop paying FICA tax. That begins the clock ticking on your disability coverage. About 4 years after you stop working, your Social Security disability insurance will expire because you are no longer paying into the system.  The date your insurance expires is called "Date Last Insured."  When this date rolls around you can only file a new claim under Title 2 (Social Security disability) if you can prove that the disability began before your date last insured.  It doesn't matter how sick you are, or how unable to work, you ...
Read more