What is a Social Security “Listing” and How Can It Help You Win?
Judges in any of the Georgia Offices of Disability Adjudication and Review follow a specific protocol called the five step analysis when they evaluate your claim. Step three of this process asks if the disability claimant meets a listing.
A Social Security judge’s Listing review is his first look at the substance of your case.
At step one, the judge asks if you are still working. If you are performing substantial work, you will not be found disabled.
At step two, your judge will evaluate whether your impairment is severe. Most legitimate medical or mental health conditions will qualify as severe - step two will most likely not result in a denial.
Step three of the judge’s analysis will be to determine if your condition meets a listing. If you meet a listing your case will be approved, without the need to go to step four or five or to review in detail your work capacity.
Listings are difficult to meet, however, cases that do meet a listing are likely to be decided earlier in the process. Therefore, in my office, we look at all of our cases to determine if we can present a compelling argument that our client meets or equals a listing.
What exactly are listings? Stated simply the listings are medical definitions set out by Social Security in a government publication called the Code of Federal Regulations. The listings are also online and can be reviewed by clicking on the link.
As you review the Listings, you will note that the Social Security Administration has identified fourteen (14) body systems that can give rise to a listing level impairment. These systems are:
1. Musculoskeletal System
2. Special Senses and Speech
3. Respiratory System
4. Cardiovascular System
5. Digestive System
6. Genito-urinary System
7. Hemic and Lymphatic System
8. Skin
9. Endocrine System
10. Multiple Body System
11. Neurological
12. Mental Disorders
13. Neoplastic Diseases
14. Immune System
As a starting point in every case, I try to identify the appropriate body system that applies. I have found that Social Security personnel, including the judges, think about cases in terms of the adjudication models created by the Social Security Administration. Since we are operating in their world, we need to speak their language.
Most, but not all, of the listings require objective evidence in the form of laboratory tests. Therefore, when I read through your medical records I will be looking to see if you have undergone some of these standard tests. For example an MRI is an approved diagnostic test in a musculoskeletal injury case, whereas a spirometer is SSA approved testing equipment in a pulmonary function test (for conditions like asthma, cystic fibrosis and emphysema.
If the evidence in your file supports a listing argument, I will usually create a checklist that tracks the requirements of the listing. If your doctor is cooperative, this listing questionnaire is a fast, focused tool that I can use to win your case.
Social Security intentionally publishes listings that are difficult to meet. People with listing level impairment are supposed to be extremely ill and limited in their functioning. Therefore, do not be disappointed if
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