The Third Step in Social Security’s 5-Step Disability Analysis – The Listing of Impairments
Social Security reviews cases using a five-step sequential evaluation process to decide when an individual a person is disabled under the agency’s rules. Previously we looked at these five steps in brief and at the First and Second Steps (Substantial Gainful Activity and Severe Impairments) more deeply. Here is a longer look at the Third Step in the 5 questions that make up the sequential evaluation process: The Listing of Impairments
Step 3: Listing Level Impairment
Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the level of severity necessary for an impairment to be considered disabling. The adult listing of impairments covers 14 diagnostic areas, such as the Cardiovascular System, Neurological, Mental Disorders and Genitourinary Impairments. The child listing of impairments covers 15 diagnostic areas, such as Growth Impairment, the Digestive System, Special Senses and Speech, Skin Disorders and Immune System Disorders.
This third step is often referred to as the “short-cut” step. If you have a condition which is contained in the Social Security Listing of Impairments AND the medical findings match what is required for your listing, you may be found disabled without Social Security considering the last two steps in Social Security’s 5-Step Disability Analysis. This is known as “meeting a listing.”
You also may be found disabled at this step if your condition “equals a listing.” Equaling a listing means that while your condition may not be mentioned in the Listing of Impairments, it is just as severe AND has the same findings as a listed impairment. The Listing of Impairments describes, for each major body system, impairments considered severe enough to prevent an individual from doing any gainful activity (or in the case of children under age 18 applying for Supplemental Security Income (SSI), severe enough to cause marked and severe functional limitations).
Most of the listed impairments are permanent or expected to result in death, or the listing includes a specific statement of duration. For all other listings, the evidence must show that the impairment has lasted or is expected to last for a continuous period of at least 12 months. The criteria in the Listing of Impairments are applicable to evaluation of claims for disability benefits under the Social Security disability insurance program or payments under both the SSI child and adult programs.
As discussed above, there are separate listings for adults or Part A (see: http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm) and for children or Part B (see: http://www.ssa.gov/disability/professionals/bluebook/ChildhoodListings.htm ).
In my experience with individuals who have already been denied once, the chance of meeting or equaling a listing level impairment is smaller than it should be, but it is always worth considering.
The attorneys of Cascadia Disability Law help people just like YOU! We fight to get you the benefits you deserve at the earliest stage possible in the claim process. Call or email us anytime – 503-891-8376 / 800-891-0867, Help@CascadiaDisabilityLaw.com –> Contact us BEFORE you apply, and apply right the first time!