Social Security Disability Attorney in St. Petersburg, FL

Has the claimant engaged in a substantial gainful activity (SGA) since becoming disabled? SGA is an amount of earned income established each year by SSA as the amount which will render you ineligible for benefits because you earn too much money to be disabled. In calendar 2022, that was any amount over $1,350/month for non-blind claimants. If you have earned more than that amount after the date you say you became disabled, your claim must be denied without further consideration of the evidence.

Does the claimant have one or more medically determinable conditions that can be considered a severe impairment? A severe impairment is any physical or mental condition that has been diagnosed by a qualified physician and which causes more than a minimal limitation of the claimant’s ability to perform basic work activities: standing, walking, sitting, lifting, carrying, pushing/pulling, bending, stooping, kneeling, crouching, seeing, hearing, speaking, understanding, remembering, using judgment, and responding appropriately to supervisors, co-workers, and the public. Medical records are essential at this point. No matter how bad you hurt or what limitations you may have, you must have medical records that document a diagnosed medical condition that could produce the problems you allege.

Does the claimant have one or more medically determinable conditions that meet or equal to SSA’s Listings of Impairments? SSA has produced a catalog of various medical conditions and prescribed the medical criteria that must be found in your medical records to consider you disabled solely based on medical considerations. These listings are difficult to meet. No more than 20% of all persons receiving benefits have “listing level” impairments. If you don’t meet a listing, your case goes on to step 4 and 5. Benefits are automatically granted if you meet the listing criteria without further consideration of steps 4 and 5.

What is your residual functional capacity? This means what you can still do despite your disabilities. This is a function-by-function assessment that considers exertional and non-exertional abilities. Exertional capacity is defined in broad categories of heavy, medium, light, and sedentary work activity. Non-exertional abilities include matters such as seeing, hearing, speaking, understanding, remembering, using judgment, and responding appropriately to supervisors, co-workers, and the public. SSA cannot determine that you are not disabled if you do not have the ability to engage in sustained work activity. SSA must determine that you (1) can get through a normal 8-hour work shift with only customary work breaks, (2) can attend work on a regular and consistent basis, and (3) can maintain an acceptable level of concentration, persistence, and pace for work activity. You will not be found disabled if you have the residual functional capacity to perform any of the work you have performed over the past 15 years. You will not be found disabled if you can perform other work. Determining whether you can perform other work involves other considerations in step 5.

At step 5, SSA determines whether you are capable of other work based on your residual functional capacity. SSA has produced a chart referred to as the Medical-Vocational Guidelines that directs how this decision is made. The most critical factors are age, education, and whether your past work has been skilled, semi-skilled, or unskilled. Under the age of 50, the issue is simply whether you have the ability to perform any simple, routine, unskilled job in the national economy. SSA does not have to show that there are job openings for you or that you will be hired. Over the age of 50, the standard of disability becomes easier to meet if you are limited to sedentary or light work and cannot perform your past work.