What Is Social Security's Definition Of Disability?

The Code of Federal Regulations defines what disability means in §404.1505.

According the to the Regulations:

The law defines disability as the inability to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

In order to meet the required definition of disability under the law, an applicant "must have a severe impairment(s) that makes you unable to do your past relevant work or any other substantial gainful work that exists in the national economy."

If you do not have an impairment that meets one of Social Security's listings, then Social Security will analyze your Residual Functional Capacity under the five-step sequential evaluation process.

The Social Security Administration has different rules for those who are blind.


Declan Gourley is a New Jersey Social Security Disability lawyer.