Anyone
can apply for Social Security Disability. A felony conviction does
not prevent application. However, as indicated below, there is a
medical approach to the definition of disability, and I don't think
this legal theory of disability will work.
"Disability"
under Social Security is based on your inability to work. We consider
you disabled under Social Security rules if:
You
cannot do work that you did before;
We
decide that you cannot adjust to other work because of your medical
condition(s); and
Your
disability has lasted or is expected to last for at least one year
or to result in death.
According
to the Social Security website:
To
decide whether you are disabled, we use a step-by-step process
involving five questions. They are:
1.
Are you working?
If
you are working in 2011 and your earnings average more than $1,000 a
month, you generally cannot be considered disabled.
If
you are not working, we go to Step 2.
2.
Is your condition "severe"?
Your
condition must interfere with basic work-related activities for your
claim to be considered. If it does not, we will find that you are not
disabled. If your condition does interfere with basic work-related
activities, we go to Step
3.
3.
Is your condition found in the list of disabling conditions?
For
each of the major body systems, we maintain a
list
of medical conditions
that are so severe they automatically mean that you are disabled. If
your condition is not on the list, we have to decide if it is of
equal severity to a medical condition that is on the list. If it is,
we will find that you are disabled. If it is not, we then go to
Step 4.
4.
Can
you do the work you did previously?
If
your condition is severe but not at the same or equal level of
severity as a medical condition on the list, then we must determine
if it interferes with your ability to do the work you did previously.
If it does not, your claim will be denied. If it does, we proceed to
Step 5.
5.
Can you do any other type of work?
If
you cannot do the work you did in the past, we see if you are able to
adjust to other work. We consider your medical
conditions
and your age, education, past work experience and any transferable
skills you may have. If you cannot adjust to other work, your claim
will be approved. If you can adjust to other work, your claim will be
denied.
Answered on Oct 07th, 2011 at 10:11 PM