What is the medical burden of proof to receive SSD benefits?
The medical burden of proof is a 5 step sequential evaluation process. This is the part of the process where the attorney usually earns their money. When a determination of disability can be made at any step, evaluation under a subsequent step becomes unnecessary. Those steps are as follows: • Is the claimant engaged in substantial economic activity? Effective January 1, 2008, work generating an average earning of more than $940.00 is per month is considered substantial gainful activity. As an aside, unearned income does not constitute substantial gainful activity. If the answer is yes, then the claimant is not considered disabled and will not receive benefits. If the answer is no, the process proceeds to step 2. • Does the claimant have a severe impairment? A severe impairment is defined as one that significantly limits physical and/or mental capacities to perform basic work related functions. The impairment must last 12 months or more. If the answer is no, the claimant is not conside
