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What You Must Prove at Your Disability Hearing

If there's a Social Security disability hearing in your future, here is what you must prove to obtain your benefits.
  1. You are not working and have not worked at substantial gainful activity* since your alleged onset date--the date you say you became disabled.
  2. You have a severe impairment that has lasted or is expected last for 12 consecutive months or more.
  3. If you do not meet one of the Social Security listings, then your residual function capacity (RFC) must be determined. It is best if you bring documentation from your own doctor concerning functional limitations.
  4. You are not able to perform any of your past relevant work because of your condition(s).  This includes all work you performed at substantial gainful activity levels during the past 15 years.
  5. You are also not able to perform any other work based on your residual functional capacity, age, education, etc.
The "easiest" work classification is sedentary work - which is work that can be performed mostly from a sitting position.  Most disability cases come down to proving that you cannot perform even sedentary work for 8 hours a day, 5 days per week.
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*Substantial Gainful Activity in 2012 is defined as any work in which you earn at least $1,010 per month before tax.  Work could be deemed SGA if you did not earn that much - but that is the general rule.  SGA usually does not include part-time jobs where earnings are below $1,010 per month - or jobs that only lasted a few weeks.

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