Step 2: Defining Severe Impairments

| March 31, 2011

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 determinable impairment.

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.