The Definition of “Disability” for Social Security

Social Security defines a person as disabled if they are unable to work for at least 12 months due to one or more medical conditions. To determine whether someone is disabled, Social Security applies a five-step process known as the “sequential analysis”:

1. Current Work Activity
   The first step considers whether the person is currently working. If the person is working and earning above the threshold of Substantial Gainful Activity (SGA), they are generally not considered disabled, regardless of their medical condition.

2. Severity of Medical Condition
   Next, Social Security examines whether the individual has a medically determinable impairment (or combination of impairments) that is severe and has lasted or is expected to last at least 12 months—or is expected to result in death.

3. Listed Impairments
   In the third step, Social Security considers whether the condition meets or medically equals one of the “listing” level impairments. These are conditions so severe that they automatically qualify as disabling without Social Security having to consider vocational factors.

4. Past Relevant Work
   If the impairment does not meet or equal a listing, Social Security evaluates whether the person can return to any past work. This includes analyzing the individual’s ability to perform work-related activities such as sitting, standing, walking, lifting, focusing, or interacting with others.

5. Other Work in the National Economy
   Finally, if the individual cannot return to past work, Social Security determines whether they can perform any other type of work that exists in significant numbers in the national economy. This decision takes into account the person’s residual functional capacity, age, education, and work experience.

How Age Affects Social Security Disability Claims

Age can play a significant role in Social Security Disability decisions. As individuals get older, Social Security adjusts its expectations regarding their ability to adapt to new types of work. These changes are built into the disability evaluation process.

• Under Age 50: Social Security generally assumes that younger individuals can more easily adjust to other types of work, even if they can no longer do their past jobs. This means the burden of proof is higher for claimants under 50.

• Ages 50–54: At age 50, Social Security recognizes that adjusting to new work becomes more difficult. If a person in this age group has serious medical impairments and cannot return to past work, they are not required to prove they’re incapable of performing all types of work—only that they can’t return to their previous job and are limited by medical, educational, and vocational factors to doing unskilled, sedentary occupations.

• Ages 55 and Over: At age 55, Social Security becomes even more lenient in evaluating a person’s ability to adapt. So long as the person cannot do their past work, they will generally be considered disability if they are limited by medical, educational, and vocational factors to unskilled, light and sedentary occupations.

This means that if you are age 50 or older and suffer from significant medical conditions, you may still qualify for disability benefits, even if you might technically be able to do some types of work.

If you're nearing 50—or already over 50—and unable to work due to health conditions, it’s especially important to get legal advice. Understanding how your age fits into the disability rules could make a significant difference in the outcome of your claim.

Can a Disabled Child Get Benefits?

Yes, a child can receive Supplemental Security Income (SSI) benefits if they are disabled. At Jarvis & Modun, our disability lawyers have represented many children and their families in pursuing SSI claims. While the overall goal is the same—securing financial support for individuals with disabilities—the legal analysis for children is somewhat different from that used for adults.

How Social Security Evaluation Disability in Children

For children, Social Security does not consider whether the child can perform past work or adjust to other work. Instead, the disability determination focuses on the following questions:

1. Is the child working?
   If the child is engaged in substantial gainful activity (SGA), they generally will not be considered disabled.

2. Does the child have a severe medical condition?
   The child must have a medically determinable physical or mental impairment (or combination of impairments) that results in marked and severe functional limitations, and which has lasted or is expected to last at least 12 months (or result in death).

3. Does the child’s condition meet or medically equal one of the childhood listings?
   These are specific conditions listed by Social Security that are considered disabling if the criteria are met.

4. Is the condition functionally equivalent to a listed impairment?
   Even if the child’s condition does not match a listed impairment, they may still qualify for benefits if their limitations are functionally equivalent to a listed condition. This involves evaluating the child’s ability to function in six broad areas, such as acquiring and using information, interacting with others, and attending to tasks.

How Jarvis & Modun Can Help Prove That You Are Disabled

The lawyers at Jarvis & Modun have more than 25 years of experience representing disabled people in Vermont, New Hampshire, and northeastern New York in their disability claims. We have experience representing claimants with numerous types of disabling conditions. Some of these include:

• Diabetes

• Early-onset Alzheimer’s disease and dementia

• Ehlers-Danlos syndrome (EDS)

• Epilepsy and seizure disorders

• Fibromyalgia

• Gastrointestinal diseases

• Hearing impairment

• Heart disease

• Hip injuries

• Intellectual disabilities

• Kidney disease

• Knee injuries

• Learning disabilities

• Liver Disease

• Long Covid

• Lupus

• Lyme disease and post Lyme syndrome

• Migraine and headaches

If you have a severe medical condition keeping you from working, chances are Jarvis & Modun has experience representing clients with your condition or similar ones. Many disabilities have specific rules that apply to them, and we know these rules inside and out. More importantly, we understand how these conditions impact your ability to work and live your life. Let us put our knowledge to work for you.

The Importance of Medical Evidence

Medical evidence—and especially detailed medical opinions from your treating doctors or psychologists about your functional capacity—are crucial in all SSDI and SSI claims. At Jarvis & Modun, we work closely with your healthcare providers to ensure Social Security receives a complete and accurate picture of your medical conditions and how they impact your daily life and ability to work.

Many claimants mistakenly believe that a doctor simply stating they are “disabled” is enough. This is not the case. Social Security does not consider a doctor’s conclusory statement that a patient is disabled or unable to work. Instead, Social Security needs specific, detailed, and convincing explanations about how your medical conditions limit your functional abilities and why.

We know how various medical conditions affect work capacity, and we know the right questions to ask your doctors to obtain the medical evidence Social Security requires. If your doctor believes you are disabled, let Jarvis & Modun help get the right kind of medical documentation to prove it. In most cases, strong and persuasive medical evidence is what wins claims.