SOCIAL SECURITY'S 5-STEP DISABILITY PROCESS: STEP 2

Social Security uses a sequential 5-step consideration process to decide disability claims.  These steps must be taken in order, starting at Step 1 and ending at Step 5.  A case may be approved, however, before the 5th step in certain cases.

In this post, we want to discuss Step 2.

STEP 2

So, you have got past Step 1 and now arrive at Step 2.

In Step 2, here is the question:  "Does the claimant have at least one severe medical impairment that has lasted or is expected to last for at least 12 straight months OR is expected to end in death?"

Note that the impairment must be severe and must have (a) already lasted for at least 12 straight months, OR is medically expected to last at least 12 straight months, OR is medically expected to end in death.

If this condition is not met, your claim ends here at Step 2 and is denied without further consideration.

Let's talk about some common things that cause Step 2 denials:

• There is no medical record of a severe impairment.  The claimant says he is very sick but has not been to a doctor, hospital or other professional to create a record. It doesn't matter why.  There is no evidence, so no favorable decision is possible.  It's a Step 2 denial.

• The claimant does have medical records to show a medical impairment, but the impairment doesn't seem to have lasted at least 12 straight months and isn't expected to last 12 straight months.  Since short term disability is not covered, the "duration requirement" of one year is not met, and the claim is denied here at Step 2.

• The claimant has a combination of several different impairments, but no one of them alone has lasted or is expected to last for 12 consecutive months.  For example, Donna had a car accident 12 months ago which disabled her for 6 months.  Immediately after that, she had gallbladder surgery, which kept her off work 2 more months.  Then, she immediately had a heart attack which disabled her for 8 months.  In all, Donna was disabled for 16 months. However, no single impairment lasted for 12 months. Donna was disabled by 3 different impairments that were in no way connected to each other. Donna cannot combine different impairments to meet the Duration Requirement.  Therefore, her claim is denied at Step 2.

There must be at least one single disabling impairment which last lasted for 12 consecutive months OR is expected to last for 12 consecutive months, OR is expected to end in death.

If this is not the case, you have a Step 2 denial.

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