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Disability and Social Security Lawyer David Kapor1
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David Kapor
(513) 721-2820

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THE DEFINITION OF "DISABILITY"

What is the Social Security Administration's definition of "Disability"? The Social Security Administration's definition of "disability" is unique and differs from other disability programs such as Workers' Compensation or the Veterans Administration.  The basic definition of "disability" is found in the Code of Federal Regulations under 20 CFR 404.1505:

"The inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months".

By breaking down this statement into its various elements, we can gain a better understanding of what it means.

"Substantial gainful activity" is the Social Security Administration's definition of "work".  It encompasses activity that earns a gross wage of at least $840.00 per month.  It does not mean money received from investment income or pension income.

"(A)ny medically determinable physical or mental impairment" means any physical or mental condition diagnosed by a doctor that in some way affects your ability to work.  This can range from arthritis to depression.  "Any" really means just that: ANY.  It must be a medical condition that is expected to last more than 12 months.  For example, a herniated disc may be resolved with surgery.  However, the residual pain and/or arthritis may not.  Note that the medical or mental condition does not have to be the result of an injury nor must it result in death.

The Regulation defining disability is really talking about the impact of a mental or physical condition on your ability to function.  "Disabled" does not mean completely incapacitated. Rather, how does your physical condition, disease or mental condition affect your ability to perform work type activities on a sustained basis, 5 days a week, 8 hours per day?    Even though the definition of "disability" may seem straight forward, it is actually a conclusion that is reached by the Social Security Administration after considering a number of different factors that are not stated in the definition.

 AGE AND SOCIAL SECURITY DISABILITY
The definition of "Disability" recognizes that age can be a very important factor in determining disability.  The Social Security Regulations, in some ways, make it easier for folks over the age of 50 and especially those over the age of 55 to meet the definition of Disability.  Claimants in these age groups who do not meet the requirements of a "Listed Impairment" (discussed in a previous article) are often evaluated under a "Grid system" that considers age, education, past relevant work and skills.  It is slightly complicated but I will try to explain it through couple of examples.

If a worker is age 50 or older, is physically limited to "sedentary work,"  his or her education level is less than a high school diploma, the work he or she performed in the past 15 years is unskilled or semiskilled or skilled but those skills do not transfer to other work, then the Regulations direct a finding of disability.  The same is true even if this same worker is a high school graduate or has a higher degree of education but this education does not provide for direct entry into other skilled work.

At age 55, assuming the foregoing education, work history and transferability of skills, the same is true even at the "light work" level.

What this means is that, under the foregoing assumptions, at age 50, you can still possess the physical ability to work at the sedentary level and still be found to be disabled.  Likewise, at age 55, you may still be able to physically do sedentary and light work but still be found to be disabled.

Evaluation under the "Grid system" is limited to medical conditions that result in physical impairments.  It does not apply to non-exertional impairments such as mental impairments.  To be found disabled under the "Grid system", you still must meet other criteria which includes a clearly documented, medically determinable impairment and a physical inability to do the type of work performed by you in the past 15 years.

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