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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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