In a recent social security disability case, a Maryland District Court considered a situation in which the plaintiff, Kowana Chase, had been denied benefits. The plaintiff claimed disability from August 2005 through 2009 and filed her application in 2007. The disability claimed was the result of musculoskeletal connective tissue injury, status post cervical fusion, and obesity. The Commissioner denied her claim, as did the ALJ.
The District Court explained it would find her legally disabled if she was unable to do any substantial gainful activity because of a medically determined physical or mental impairment that could either result in death or could be expected last continuously for at least 12 months.
The first step was to determine if the claimant was doing substantial gainful activity. Someone able to do such activity is not disabled. The second step was to determine whether the plaintiff had a medically determinable physical or mental impairment that meets the requirement of severity and duration. The third step is whether the plaintiff’s impairment equals or meets the listings and meets the duration requirement. If she has this type of impairment, she is disabled. If she doesn’t have an impairment that meets the listings, the court must decide if she retains residual functional capacity to perform relevant work she has performed before. If she can’t, the next step is to see if she can perform any work given her age, work experience, and education. If she can’t perform any other work, she is disabled. Continue reading →