Effective, Compassionate Representation
Disability Evaluation
*This is the process the Social Security Administration goes through to evaluate each claim:
STEP 1.
IS THE CLAIMANT WORKING? If no go to 2nd step. If yes, SSA will determine if that work is Substantial Gainful Activity. If it is, you are denied.
STEP 2.
DOES THE CLAIMANT HAVE A MEDICALLY DETERMINABLE SEVERE IMPAIRMENT? If yes, go to 3rd step. If no, denied.
STEP 3.
DOES THE CLAIMANT MEET OR EQUAL A LISTING? If yes, “disabled.” If no, go to step 4. A "Listing" is the presence of an impairment that meets a criteria.
STEP 4.
CAN THE INDIVIDUAL RETURN TO THEIR PAST RELEVANT WORK ? If yes, not disabled. If no, go to step 5.
STEP 5.
IS THERE OTHER WORK THE CLAIMANT CAN PERFORM CONSIDERING AGE, EDUCATION, AND WORK EXPERIENCE? If yes, not disabled. If no, claimant is “disabled.”
APPLICATION AND
APPEAL PROCESS
1. APPLICATION PROCESS: Takes 4 to 6 months.
2. RECONSIDERATION PROCESS: Takes 2 to 3 months.
3. HEARING PROCESS: Takes more than a year to get a decision.
4. APPEAL COUNCIL: Appeal takes over a year.
HOW ETDA CAN HELP
1. Understanding and navigating the disability program and process is a complicated and frustrating experience. A knowledgeable representative understands the sequential evaluation process and terms used by the SSA and the rules and regulations. Your chances of success are greater with a representative.
2. ETDA will provide and assist the claimant in completing the Appeal and Applications Forms: the Function Report and Work History Report used by SSA to help determine the claimant’s limitations and ability to return to their past work or other jobs.
3. ETDA will keep the state agency and hearing office up to date with new medical evidence, change of address, etc.
4. ETDA will follow up on the claim with the state agency to be sure any problems are addressed and that the claim moves as efficiently as possible.
5. ETDA will answer questions about the process and status of a claimant’s case.
6. ETDA will prepare the case if a hearing before an Administrative Law Judge is necessary. This is a detailed process requiring hours of preparation to ensure a proper presentation before the judge.
