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Social Security Domain #4 – Health and Physical Well-Being

If a child has a severe impairment(s) that does not meet or medically equal any listing, the Social Security Administration (SSA) will then look to see if the child functionally equals the listings.  To functionally equal the listing, the child’s impairments must result in marked limitations in two domains, or extreme limitation in one domain.

The fourth domain used by SSA is called 4. Health and Physical Well-Being.  In this domain, SSA considers the physical effects of physical and mental impairments of the child.  Unlike the other domains, this domain does not address typical development and functioning.  This domain addresses how such things as recurrent illness, the side effects of medication, and the need for ongoing treatment affect a child’s body.

It is important to remember that the cumulative physical effects of a child’s physical or mental impairment(s) can vary in kind and intensity, and can affect each child in a different way.  As with all other domains, SSA does not consider the limitations in this domain unless it results from a medically determinable impairment(s).  However, it is very unlikely that a child who has a significant problem in this domain does not have an impairment that causes the problem.

 

For more information, please contact one of the attorneys at Hoglund, Chwialkowski & Mrozik.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Social Security Domain #3 – Interacting and Relating with Others

If a child has a severe impairment(s) that does not meet or medically equal any listing, the Social Security Administration (SSA) will then look to see if the child functionally equals the listings.  To functionally equal the listing, the child’s impairments must result in marked limitations in two domains, or extreme limitation in one domain.

The third domain used by SSA is called 3. Interacting and Relating to Others.  In this domain, SSA will consider the child’s ability to initiate and respond to exchanges with other people, and to form and sustain relationships with family members, friends, and other people.  This would include all aspects of social interaction in all different areas of the child’s life.

Also, because communication is essential to both interacting and relating, SSA considers speech and language skills that a child would need to speak intelligibly and to understand and use language of their community.  The ability to interact and relate with others begins at birth.  A child begins to us his/her ability in early infancy when they bond with a caregiver.

As with limitations in any domain, SSA does not consider a limitation in the domain unless it results from a medically determinable impairment(s).

For more information, please contact one of the attorneys at Hoglund, Chwialkowski & Mrozik.

 

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Social Security Disabiltity Listed Impairments Information


Video Transcription:

“Hi, my name is Andrew Kinney.  I’m an attorney at Hoglund Law offices.  I practice Social Security Disability law.  Today I wanted to talk about listed impairments.

What does that mean?  Well in the world of social security law, social security takes any medical reason that you might be unable to work full-time and they define it.  There are certain levels of problems you can have either physically or emotionally that if they’re bad enough with enough measured criteria, you could be by definition disabled, so listings are essentially definitions of disability.  On our website at www.HoglundLaw.com we go through some of those definitions of disability and you can also find those on the ssa.gov website as well.

What does it matter that you have a listed impairment?  If you may have a listed impairment then you want to make sure that your doctor has perhaps documented this well or even written a letter laying out why it meets the definition of disability.  That could really make or break a case.  Otherwise if someone is not by definition disabled under the listings, you have to prove you are unable to perform past relevant work. We have a video on past relevant work.  So if you understand what a listed impairment is or a listing you can understand that its social security’s way of saying that you get a pass, you’re approved.

There are two ways you can meet the definition or at least be approved under a listing.  One is called meeting a listing.  All the elements of a listing laid out by the law are all in your medical record.  An alternative way that you can do that is what’s called equaling a listing.  If you’re at a hearing and there’s a medical expert testifying whether you meet or equal a listing that’s what that means, and ive even recently done this, you can argue why doesn’t my client equal a listing?  Equaling means that you don’t meet all the criteria but you meet most of it.  That’s very important, and allows a little fudge room.  If you have more questions about listings or more questions about help an attorney help you with ym case, feel free to go to our website at www.HoglundLaw.com.  You can also call us a 1-800-850-7867.  Thank you.”

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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