Q & A
My situation isn’t covered in Social Security’s Listing of Impairments…now what?
Complete Question: I was going to file for disability and found out that my issue is not on the Listing of Impairments that Social Security uses to determine whether or not you’re disabled. I know applying for disability is a difficult process, but I really believe I should qualify because I’m not able to work. If my problem isn’t on the list, do I have any chance of qualifying? Or would it just be a waste of time?
Answer: The law defines disability (for adults) as “the inability to engage in any substantial gainful activity (SGA) by reason of any medically determinable physical or mental impairment(s) 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.” Therefore, the Social Security Administration (SSA) created the Listing of Impairments as known medical problems that meet this definition of disability.
Does this mean you are automatically ineligible for disability if your problem is not on the list? No. You will, however, have to go further in proving your disability. For example, if your problem was on the list, then you would have to prove you have the disability. Since your problem is not on the list, you have to prove you have the problem AND you have to prove that the medical problem meets the definition of “disability” as described above.
To help clarify SSA’s definition of disability, it is helpful to know what they mean by “substantial gainful activity” and “medically determinable impairment”:
- Substantial Gainful Activity (SGA) refers to whether or not you are able to perform a certain level of work. It is not related to how many hours you are working (part-time versus full-time); rather it is related to how much income you are able to earn. In 2015, earnings that average over $1,090 per month are considered “substantial gainful activity”. If you are self-employed, the determination is more complicated, but the earnings level is the same. (Note that SGA limits for the blind are different.)
- The SSA defines a “medically determinable impairment” as “an impairment that results from anatomical, physical, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques.” In addition, a key aspect to this definition is that there must be medical evidence of the impairment beyond an individual’s statement of symptoms.
As for whether or not it would be a waste of time to apply, that is your decision. You should take this information into consideration when thinking about whether or not you would qualify. Your physician may also be able to help with your decision, as he/she will have to provide evidence of your disability when you apply.