As previously noted, there is a
five-step process regarding a person's claim of
disability. We have also provided a detailed overview of the standards used to determine
what is and what is not "
substantial gainful activity." In this post, we will detail the next requirement:
severity of the impairment.
To meet the requirements of Step 2, the claimant must have a
severe impairment or a combination of impairments that are expected to last 12 consecutive
months or be expected to cause death. It has been our experience that
the "rub" of this requirement is not the severity, but the 12
consecutive months or expected to cause death requirement.
In order for an impairment to be severe, the impairment must cause more
than a minimal effect on your ability to perform daily activities. The
purpose of this requirement was to weed out frivolous claims. These included
claims that did not have any medically determinable impairments or impairments
that impose only minor limitations. As a rule of thumb, if a doctor can
make a diagnosis, then there is a "medically determinable impairment."
[If you have questions regarding the severity of your impairment, then
contact one of our Dallas Social Security Disability Attorneys today and
we will be happy to answer your question].
Also, it is important to note that a combination of symptoms can be sufficient
to establish severe impairment. Again, a key issue is whether there medically
As we progress through these blogs, it is apparent that the process can
get tricky and complicated. Please, do not hesitate to
call a Dallas Social Security Disability Lawyer today.