Factors Used in
Determining If You Have A Severe Impairment or Disability
Examining Work Functions, Environmental Conditions
and Mental Functions in Social Security Disability / SSI Benefit Claims Adjudication
Since a medically determinable impairment must be the basis of a
finding of disability, step two in the five step
disability evaluation process is to determine whether a severe impairment is
present.
For an impairment or combination to be
severe, it must significantly limit the individual’s physical or mental capacity to perform one or more basic
work activities as required in most jobs. The following list identifies all physical, environmental and mental
work activities.
Work
Functions, including the ability to:
- Lift
- Carry
- Stand
- Walk
- Sit
- Push
- Pull
- Climb
- Balance
- Stoop
- Kneel
- Crouch
- Crawl
- Reach
- Handle
- Finger
- Feel
- See
- Hear
- Speak
Environment Conditions, including exposure to:
- Heat
- Cold
- Wetness
- Noise
- Vibration
- Hazards
- Humidity
Mental Functions, including the inability or limited ability
to:
- Remember location, work-like
procedures
- Carry out
instructions
- Perform activities within a
schedule
- Be punctual
- Sustain ordinary routine without
special supervision
- Work in coordination/proximity to
others
- Accept instructions/respond
appropriately to criticism
- Maintain socially appropriate
behavior
- Set realistic
goals
- Aware of normal hazards/take
precautions
- Travel in unfamiliar places/use public
transportation
- Adhere to basic standards of
neatness/cleanliness
- Understand, remember
instructions
- Maintain
attention/concentration
- Make independent
plans
- Make work-related
decisions
- Interact appropriately with
others
- Ask
questions/assistance
- Respond appropriately to
changes
Impairment is considered “not severe” if it has no more than a minimal
effect on an individual’s physical or mental ability to do basic work activities. Example: Amputation of a leg
above the knee would significantly limit several of the physical work activities (stand, walk, climb, etc.). On
the other hand, a headache will generally make an individual feel less than well, but he would normally be able
to carry out any of the work functions in the list above.
If an individual has multiple impairments
and each individual impairment is “not severe”, the combined impact on the individual’s work activities must be
considered before a decision of “not severe” is made. In other words, would the minimal limitations of each of
the impairments, if combined, result in more than a minimal limitation on the individuals work
activities?*
If the medical evidence (symptoms, signs,
and laboratory finding) does not establish impairment(s) that has more than minimal effect on the individual’s
work activities, a decision of “not disabled” is appropriate. The decision at this step is based on medical
findings alone, vocational factors are not considered. To make a decision at this step, all necessary medical
evidence must be obtained. A decision cannot be made based on “gut feeling,” but must be supported by the
necessary findings.
Source: SSD Resource Manual
So how
will this information help me win my disability claim?
From this list included in the “work
functions” section above, it is easy to see why it is so important to thoroughly complete your work history
form, listing the requirement for walking, standing, sitting, climbing, stooping, kneeling, crouching, crawling,
handling, reaching and writing on each job.
Generally, your disability examiner will be
able to determine the environmental factors you are exposed to based on the type of work that you do, but if you
know that you have been exposed to other environmental condition in your individual situation that your industry
in general would not be expected to be exposed to, then you should make it a point to mention this on your work
history for that particular job so that it will be considered in the decision that the examiner will make in
determining whether or not you can return to that type of work.
Your friends, neighbors, spouse or third
party collateral sources will be sent forms to complete or will be spoken to on the phone if you are alleging a
mental impairment. If their responses to the questions they are asked will include such words as noted in the
“mental functions” section, it would be to your benefit. For example, instead of saying, “Jerry doesn’t go
outside much because he doesn’t feel like it”, they could say, “Jerry used to go outside all the time, but now
he tells me he doesn’t like to be around other people. He says they make him nervous and he knows they are
talking about him anyway.”
* Editor’s note: With
reference to the last paragraph regarding how combination impairments are to be treated, it has been my
experience that disability examiners do not handle combination impairments very well, and rarely are non-severe
impairments combined to produce a severe impairment or a positive decision for claimants. The one exception
might be in the case of a mentally retarded individual who has other physical impairments (section 12.05 of the
Listings of Impairments). So, if you have a combination of impairments, which when taken together, render you
disabled, these type cases tend to get better decisions in front of an Administrative Law Judge (i.e. when you
appeal your denial after the initial and reconsideration level). You may want to retain representation by a
skilled social security disability representative or attorney in your
state.
|