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  • Physical Disabilities and Impairments, Psychiatric and Mental Disorders, Bipolar, PTSD, Deafness, Blindness, HIV/Aids, Cancer, Epilepsy, Schizophrenia, Depression, Mental Retardation, Cerebral palsy, Multiple Sclerosis, Diabetes, Carpal Tunnel Syndrome, Herniated Disk, Fibromyalgia, Lupus, Arthritis, Stroke, Seizures, Hepatitis, Heart and Lung disease, Meniere's Disease, Crohn's Disease, Colitis, L.B.S., Myasthenia Gravis, Severe Headaches and Sleep Disorders, Amputation, Vocational Disabilities, MRSA who have wrongfully been denied their benefits.
Home :: FAQ :: Minor Adult Child Claims

What are the steps of analyses involved in determining whether a child is disabled?

At step one, the ALJ must determine whether the claimant is engaging in substantial gainful activity.  Substantial gainful activity is defined as work activity that is both substantial and gainful. An individual is engaging in substantial gainful activity is she is doing significant physical or mental activities for pay or profit (20 CFR 416.972).  Generally, if an individual has earnings from employment or self-employment above a specific level set out in the regulations, it is presumed that she has demonstrated the ability to engage in substantial gainful activity (20 CFR 416.974 and 416.975).  If the claimant is performing substantial gainful work, she is not disabled regardless of her medical condition(s) (20 CFR 416.924(b)).  If the claimant is not engaging in substantial gainful activity, the analysis proceeds to the second step.