The Decision Process

The disability decision is based on the severity of your symptoms.

Social Security looks very carefully at your symptoms and their severity when making a decision on your claim. The physical symptoms that are most important to the determination are:

  • How far can you walk?
  • How long can you stand?
  • What can you lift and carry?
  • How long can you sit?

These should be answered with some kind of  time or distance. You can walk 5-10 minutes, or 1-2 blocks, or 2-3 aisles at the grocery store. You can lift 5-10 pounds, or a 2 liter coke, or a gallon of milk. Not very far is a useless answer.

The mental symptoms they consider most are:

  • How is your memory?
  • How is your concentration?
  • How is your comprehension?

You should make sure you doctor carefully documents the problems you are having in these areas.

The 5 Step Process used to Decide if You are Disabled

1 Are you working?

If you are working in 2021 and your earnings average more than $1310 a month, Social Security generally will not consider you disabled. The amount changes each year. If you are not working, or your monthly earnings average the current amount or less, Social Security then looks at your medical condition.

2 Is your medical condition “severe?”

For Social Security to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, Social Security will not consider you disabled. If your condition is that severe, Social Security goes on to step three.

3 Is your medical condition on the “Listing Of Impairments?”

Social Security has a Listing Of Impairments that describes medical conditions that are considered so severe they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, Social Security looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, Social Security will decide that you are disabled. If it does not, Social Security goes on to step four.

4 Can you do the work you did before?

At this step, Social Security decides if your medical condition prevents you from being able to do the work you did before. If it does not, Social Security will decide that you are not disabled. If it does, Social Security goes on to step five.

5 Can you do any other type of work?

If you cannot do the work you did in the past, Social Security looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, Social Security will decide that you are disabled. If you can do other work, Social Security will decide that you are not disabled.

Due to the Covid 19 virus,
We are working from home.
All appointments are done
by phone. Please send mail
to the PO Box below. Email
and phone are unchanged.

Bourne Group
PO Box 15417
Fernandina Beach, FL 32035
904-448-1710

Email:rbourne3@bournegroup.biz

Robert Bourne has 30 years experienceROB.HEADSHOT representing Social Security Disability claimants in North Florida, including Jacksonville, Gainesville, St. Augustine, Lake City and Palatka. Due to the Corona virus pandemic, and the sale of the building housing the office, Robert Bourne is working from home and will come to you for appointments where in person contact is required. Most contact can be by phone, email, or text.