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Listing of Impairments – The Standards Used to Determine
Eligibility
In order
to determine disability, the Social Security Administration
uses a unique set of standards called the “Listings.” These
Listings are lengthy, complex, and confusing. It can take
years of experience to achieve a thorough and clear
understanding of the Listings. Fortunately, our firm contains
lawyers and staff members with lengthy experience working with
the Listings, and we know how to present evidence at the
Administrative Law Judge hearing that will demonstrate that
our client’s condition might “meet” or “equal” an applicable
Listing.
The
Listing of Impairments can be found online
here.
(Regulations No. 4, Subpart P, Appendix 1) The Listings are
broken down by major body systems and contain over one hundred
medical conditions which would normally prevent an individual
from being able to work. If you suffer from a medical
condition found in the Listings, you have been compliant with
your medications, and you satisfy the criteria of the Listing,
then you will be found to have “met the Listing” and,
therefore, presumed to be disabled on the basis of the medical
facts alone. In other words, if you meet a listing, you will
win your claim for Social Security disability benefits.
There is a Listing for most common impairments. Set out below
are some of the Listings we most frequently come across in
handling Disability hearings.
Listing 1.02 for Major Dysfunction of a Joint
Listing 1.04 for Disorders of the Spine
Listing 7.02 for Chronic Anemia
Listing 9.08 for Diabetes Mellitus
Listing 14.09 for Inflammatory Arthritis
Listing 12.04 for Affective Disorder (Depression / Bipolar)
Listing 12.06 for Anxiety Disorder
Please note that even if you suffer from a condition that does
not have a Listing you can still be found disabled. That will
happen if it is determined that your impairment “equals” a
Listing. It may also be determined that your residual
functional capacity (RFC) precludes maintaining competitive
employment. Residual functional capacity is your remaining
ability to perform a job after taking into consideration any
physical and mental impairments you can prove to the
Administrative Law Judge. Maintaining competitive employment
simply means your ability to get and to keep a
job.
The Listings are extremely detailed and specific in their
requirements. Our firm is able to identify the Listings most
applicable to your case and examine your medical records to
determine if you satisfy the criteria of a particular Listing.
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