Disability defined

Social Security and Disability Decisions

Congress has two different definitions of disability.

For an adult, the determination is based on whether the claimant can work.

For a child, the determination is based on how disorders/diseases affect the ability to function.

SSA Disability defined

Adult

An individual shall be considered to be disabled for purposes of this title if he is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

42 U.S.C. § 1382c(a)(3)(A)

Child

If you are under 18, we will consider you disabled if you have a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months.

42 U.S.C. § 1382c(a)(3) (C)(i)

5 Step Sequential Evaluation Process for Adults

Is the claimant working (SGA)?

Does the claimant have a severe impairment?

Does the impairment(s) meet or equal a medical listing?

Is the claimant able to perform prior work?

Is the claimant able to do other work?

3 Step Sequential Evaluation Process for Children

Is the child working?

Does the child have a medically determinable impairment or combination of impairments that is severe?

Does the child have impairment(s) that meet, medically equal or functionally equal the listings?

This website is sponsored by the Law office of Suzanne Villalon-Hinojosa, which is located in Schertz Texas and serves clients primarily in Central and South Texas including San Antonio, Laredo, Eagle Pass and the Lower Rio Grande Valley.

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1-800-481-0302