The first step the SSA takes is to establish if you are working, and, if you are, how much your gross earnings have averaged per month since you have alleged you became disabled. If you have earned over a certain amount, Social Security will deem you to be engaged in Substantial Gainful Activity and, therefore, not disabled. However, there are exceptions to the rule which involve knowledge of COLA changes in addition to SSA’s laws and guidelines. An experienced attorney who specializes in social security disability benefits can help you understand whether your work would still allow for a finding of “disability” under SSA’s strict rules.

The second step taken by the SSA is to evaluate the seriousness of your disability. Having one of our knowledgeable social security disability lawyers on your side will make this step go much more smoothly. We will ensure that you have the necessary documentation to prove that your disability will cause significant work-related limitations for at least one year or is expected to result in your death. Missing medical evidence or a lack of supportive statements from your doctors may result in denial at this step. A Michigan disability lawyer will work diligently to ensure every client’s file is fully developed and that all supporting evidence is requested and submitted, taking the burden off your shoulders.

If having examined your medical records, the SSA is still uncertain about your state of disability, your application will be sent on to the Disability Determination Services (DDS), a state-level agency under the Michigan Department of Health Services. A claims examiner at DDS will decide whether or not you meet their standards for social security disability. DDS will be comparing your diagnosed disability with a sizable list they have compiled of serious ailments that interfere with one’s ability to work. These disorders range from immune disorders to problems affecting mobility, cognition, breathing, vision, hearing, and social functioning. If your medical condition does not meet or medically equal the severity of one of the listed impairments, SSA will continue the process to determine if you should still be found disabled. SSA’s rules and regulations here are ever-changing which is why an experienced attorney skilled in SSA’s laws and practices can give you the advantage you need.

This step involves assessing whether or not your impairment(s) would interfere with your ability to perform the duties of your most recent occupation (during the past 15 years of your working career). If it is determined that you can return to one of your past jobs despite limitations they believe you have from your medical condition (s), the process ends as you would be found “not disabled.” However, if you are found to be unable to perform your past relevant jobs, the evaluation process continues on to the final step. This part of the analysis becomes especially critical when evaluating the work history of someone aged 50 or older. Our experienced social security disability attorneys can help you understand the way these rules can affect your case. We will learn about how you actually performed the job and research how your jobs are commonly classified under the Dictionary of Occupational Titles – the two important pieces of the Step 4 puzzle SSA relies on at this step.

The last step to be taken in the disability evaluation process is for Social Security to figure out whether, even if you cannot perform work you are accustomed to, there are other jobs in significant numbers that you can perform despite your limitations. During this assessment, your age, highest level of education, past work history, and transferable skills will be explored. If suitable employment is found for you in another field, your social security disability claim will be denied.