Counselor's Corner

Social Security’s Definition of Disability

The Five-Step Sequential Analysis

By Annie Hsia, Advocacy Program Manager

The Social Security definition of disability is not the same as that of the Americans with Disabilities Act of 1990 or that of Worker’s Compensation. The Social Security Act states that you are generally not considered disabled unless you are unable to work. The Social Security Administration (SSA) devised the regulations at 20 C.F.R. §§ 404.1505 et seq. in determining whether someone is disabled under the Act.

The Act defines work as substantial and gainful activity. The Act also requires that the disability be medically determinable and that the disability must be expected to either result in death or to persist continuously for twelve (12) months or more. Moreover, taking into account of your age, education level, and work experience, if there are any other jobs you could perform in your present condition, then you are not considered disabled.

Step 1: Are you working?

As described earlier, work is defined to be substantial and gainful activity (SGA). SSA defines SGA as a dollar amount that changes from year to year. Currently, if you are able to earn over $940 per month, SSA presumes that you have the ability to work unless you prove otherwise. This means that you are not disabled, and your application for disability benefits will be denied. If you are earning less than $940 per month, go to step 2.

Step 2: Do you have a severe impairment or a combination of impairments?

Step 3: Do you meet or equal a listing under Title 20 of the Code of Federal Regulations?

Step 4: Given your impairment(s), are you able to perform other work you have done within the past fifteen (15) years?

Step 5: Are you able to work any other kind of jobs?

Because of the strict statutory and regulatory language, most disability applications are decided at step 5. Though the rules may seem unnecessarily burdensome, they were devised with the intent that every single decisionmaker across the United States could apply these standards in a uniform manner. There is room for interpretation still – therefore, even if your application is denied, a timely appeal sends your case to a different decision maker, who may or may not come to the same conclusion.

For more information about how to apply for Social Security disability benefits, please visit SSA’s website at www.ssa.gov or a local Field Office.

PWDF Profile

Who We Are

People With Disabilities Foundation is an operating 501(c)(3) nonprofit organization based in San Francisco, California, which focuses on the rights of the mentally disabled.

Services

Advocacy: PWDF advocates for Social Security claimant's disability benefits in eight Bay Area counties. We also provide services in disability rights, on issues regarding returning to work, and in ADA consultations, including areas of employment, health care, and education, among others. There is representation before all levels of federal court and Administrative Law Judges. No one is declined due to their inability to pay, and we offer a sliding scale for attorney's fees.

Education/Public Awareness: To help eliminate the stigma against people with mental disabilities in society, PWDF's educational program organizes workshops and public seminars, provides guest speakers with backgrounds in mental health, and produces educational materials such as videos.

Continuing Education Provider: State Bar of California MCLE, California Board of Behavioral Sciences Continuing Education, and Commission of Rehabilitation Counselor Certification.