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hi my name is Jarrett appear Ivey disability consultants and I'm based in Colorado Springs Colorado the presentation you're about to witness is going to be a five-step how does social security decide a claim at least for adults Social Security uses this process that I'm going to outline in a few minutes to decide if you're medically disabled regardless of the type of disability claim you're firing so it doesn't matter if you're filing an SSI claim or an SSDI claim these are the steps that they go through the presentation that I'm going to give takes you to five steps and applies to adults which are defined as individuals who are age let's start with the first of definitions now if you don't have any paper and pencil available please put this on pause and then go get some paper and pencil so you can make notes on these definitions because I refer back to them later in the presentation SGA or substantial gainful activity is generally referred to as the amount of money you make from a job so for example as of January 1st 2013 substantial gainful activity or SGA was defined as 1040 dollars a month for non blind individuals and for statutorily blind individuals it was defined as one thousand seven hundred and forty dollars long as you can see it generally goes up every year in 2012 it was one thousand ten dollars for non blind individuals and one thousand six hundred ninety dollars for blind individuals in 2010 it was at one thousand dollars for non blind individuals and 1640 dollars for blind individuals but in 2011 there was no increase so those figures stayed the same next we're gonna look at the definition of an unsuccessful work attempt and this is really important an unsuccessful work attempt is where you try to work but stop working before three months due to disability related issues such as pain or fatigue or difficulties with concentration conflicts with co-workers etc now what if you stop working between three months but less than six months from when you started the job well in that case then you need to have medical records support supporting a worsening of your disability and then you have to leave because of medical issues if that's the case then this is also classified as an unsuccessful work attempt now some of my clients make the mistake of getting a job looking working at at for say three or four months then stopping the job and then in two or three weeks finding another job well unfortunately in that previous job is not going to be classified as an unsuccessful work attempt because they went to their next job before the thirty days required by social security regulations passed in other words if you stopped working at a job because of disability related issues then you need to wait at least 30 days before you return to work at a different job if you return to work at the same job then there's a good chance that we'll just be considered a continuation of the original work that you started at now what's important about unsuccessful work attempts is that it is not taken to account substantial gainful activity so therefore you can main making five hundred thousand dollars a month and as long as you stopped work due to disability related issues within six months from when you started then Social Security will classify it as an unsuccessful work attempt another definition is what we call the alleged onset date the alleged onset date is the date that you claim you could no longer do substantial gainful activity which we defined a few minutes ago because of your disabilities the alleged onset date has to be supported by medical information and a lack of earnings since that date however it excludes unsuccessful work attempts so for example if you started a job on January 1st of 2013 and we're being paid $2,000 a month and worked that job for all of January all of February and part of March but then stopped because of your disability related issues then that would be an unsuccessful work attempt and your disability could still be claimed as of January 1st 2013 past relevant work is another important definition now past relevant work is worked obviously that you've done in the past but it has three requirements that have to be satisfied first you had to be at the job long enough at least according to Department of Labor Standards to learn how to do the job number two you had to earn SGA when doing the job or substantial gainful activity in other words you had to be paid the amount specified on the slide dealing with substantial gainful activity and three in the vast majority of cases you had to work at the job fifteen years or sooner since the alleged ons that date so for example if you're alleged on so date is January 1st of 2013 then they're going to be concerned about work you've done since January 1st of 1998 to date and number two you had to earn SGA let's say you worked as a nurse's aide and in that nurse's aid job you were paid $900 and let's say for the sake of argument you did it in the year 2013 well as I showed you earlier substantial gainful activity for 2013 is defined for a non blind individual as one thousand forty dollars but you were paid nine hundred dollars as an nurse's aide therefore it's not substantial gainful activity and then finally using the nurse's aid job again that means you had to work at the job for at least 90 days according to Department of Labor standards in order to be classified as doing how to do the job well let's say you got the job on January 1st of 2013 and you stopped working at the job on February 15th 2013 that's 45 days that's not the 90 day minimum required therefore you do know have the skills to do the final definition is regional and national economies regional refers to the geographical area where you live and may also include the entire state such as Colorado or just highly populated areas such as New York City it's also sometimes referred to as the local economy national and self-explanatory and refers to the entire United States so let's get started discussing the five step number one have you done any substantial gainful activity since the alleged on so that they or the date that you say you became too disabled to work if you have average earnings at the SGA level see an earlier slide then great or rather if you do not have earnings at the SGA level based on an earlier slide then you move to step two but if you do have earnings at the SGA level based on the earlier slide I showed you then you have to use a different onset date now as I noted earlier unsuccessful work attempts do not count so therefore if you started a job on January 1st of 2013 and let's say you made $500,000 a month and you stopped that job after two and a half months due to disability related issues then that's regarded as an unsuccessful work attempt and therefore it would not affect your alleged onset date of January 1st step number two is do you have a severe disability and again this has three components to it you have to have a disease illness or condition which is him which has been diagnosed by a physician or psychologists number two the diagnosis is expected to last for at least 12 continuous months or result in death within 12 months and number three the disability causes more than mild impairment in your day-to-day functioning for example let's take a person with a seizure disorder this person has a condition has been diagnosed by a physician it's expected to last for 12 months or more and they take medication for control of their seizures but in spite of them taking medication for control of their seizures they continue to have them therefore this is a condition that causes more than mild impairment in your day-to-day functioning and would be classified as a severe disability step number three do you meet three equal a list of impairment Social Security has a list of diseases illnesses and conditions that they classify as disabling you must have one or more of these conditions or are medically equal one or more of these conditions and that decision on medically equal as done by a doctor and it has to be at the level of severity required by the Social Security Administration so there's basically two parts one you have to have a disease illness or condition that Social Security classifies as disabling and two it has to be at the level of severity required by Social Security if both of those aren't satisfied then you will not be approved at step three most of the time these decisions are usually made by doctors but they may also be made by administrative law judges and since the medical requirements are very high 65 to 70 percent of the people are denied at this level this level is also your initial filing and also your reconsideration if you have a reconsideration level in the state you live in so you didn't meet step three your disability wasn't severe enough so then we go to hearing and we look at basically step four can you return to prior work based on your past relevant work which I discussed earlier in another set of slides depending on how your disability limits you can you still return the past work on a full-time basis if the answer that is yes then you're denied an advance of that is No then we move to step so five is can you do other work in the local or regional or national economy administrative law judges usually make this decision with the assistance of a vocational expert at the hearing and it's based on your age the skills acquired from past relevant work education that you have gotten in the past and how your disability limits you when you take those factors and put them together then what the judge has to decide or the Social Security Administration more specifically and along with the assistance of a vocational expert is either other jobs in the United States that you can do and if the answer that is yes then unfortunately you will lose and if the answer that is no then you're approved and then it's just a matter of being moved in the pay status and start receiving your check I hope this presentation was helpful you could see if you have any additional questions you can email me at the address above which was on the very first slide or you can also call me but as I said in the very first slide the best way to get a hold of me is by email thank you for listening and I hope this was useful take care