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Listing of Impairments – The Standards Used to Determine Eligibility

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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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