If you retained a qualified Tampa disability lawyer, he or she can get the SSA any information it requires to find that you have a severe impairment for Step 2 of the Sequential Evaluation Process.
Step 2: The Severity Step
This is a step of the sequential evaluation process in which the SSA will ascertain whether you have a “severe” impairment. Your Tampa disability lawyer will explain that their intention is to eliminate any meritless cases involving either:
1. No impairments that can be medically determined; or
2. Minor impairments that can be medically determined and only slightly inhibits someone’s capacity to work.
Even a slight reduction in residual functional capacity (your capacity to do work in spite of your impairments) satisfies the requirement that you must have a severe medically determinable impairment. Therefore, the medically determinable impairments are simply categorized as “nonsevere,” which are slight impairments, and all other, more serious impairments that are “severe.”
SSA will consider even subjective symptoms
All symptoms, even subjective ones, must be considered in determining how they (or in combination with other symptoms) reduce your ability to do basic work activity, if they result from a medically determinable impairment. If an adjudicator is unsure about how the impairment hinders your ability to do routine work tasks, he or she will be told to move onto the next steps of the sequential evaluation process. This means that the favorable outcome of contested cases often hinges on finding of an impairment to be severe.
Medically determinable impairments
However, according to the SSA regulation, “[n]o symptom or combination of symptoms can be the basis for a finding of disability, no matter how genuine the individual’s complaints may appear to be, unless there are medical signs and laboratory findings demonstrating the existence of a medically determinable physical or mental impairment.” This means that in the absence of “medically determinable impairment” verified by medical evidence, there’s chance that you will not be found disabled at step 2.
But generally speaking, if a doctor can make a legitimate diagnosis based on sufficient information, you most likely have a medically determinable impairment. This will be true even if doctors may disagree over which diagnosis is correct or whether medical tests or laboratory results show any abnormality. Your Tampa disability lawyer can obtain any medical evidence or doctor opinion that proves your disability claim.
The attorneys at Kaylor, Kaylor & Leto are dedicated to winning the Social Security disability benefits you deserve. To be represented by one of their qualified Tampa disability lawyer, call their law offices today at 1-800-900-7734. The initial consultation is free.