Midwest Disability, P.A. Midwest Disability, P.A. Midwest Disability, P.A.

The Disability Process

Each disability case follows a 5 step process set out by the federal government. The first step is to determine if a person is working at SGA (substantial gainful activity). Generally, in order to be eligible for disability there needs to be a 12-month period in your application period in which you were not making SGA. Substantial gainful activity changes with the year but for 2015 it was $1090. Therefore, there needs to be a 12-month period in which a person consistently made less than $1090 every month. There are some circumstances where making more than SGA can be explained legally, however, they are on a case by case basis.

Step 2 of the disability process is the analysis of whether a person has a severe impairment. A severe impairment is one in which causes more than a minimal impairment on a person's ability to work. There needs to be evidence that a person is suffering from a medical impairment in the form of medical records. A person can have more than one severe impairments and they will all be considered individually.

Step 3 is the analysis of whether the impairments meet a listing. The Listings are set forth by the federal government. They describe for each major body system, impairments considered severe enough to prevent an individual from doing any gainful activity. Most of the listed impairments are permanent or expected to result in death. They list things that must be shown in the medical records. Even if you don't meet a listing, there are other ways to be awarded disability.

At Step 4 we will discuss if you are able to go back to your past work. There are different rules for people over 50 and if they are able to go back to their past work. However, this step is discussed at every hearing.

At Step 5 of the disability process we discuss if you can return to any full-time work. We will discuss if your impairment or the combination of your impairments will prevent you from being able to return to work full-time.

MIDWEST DISABILITY office locations

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Coon Rapids Law Office Map

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