disability determination pending step 3

18 The codes shown in Tables1 through 3 are those used in the 831 files; other data sets that are derived from the NDDSS may use RBCs that are not identical to those used in the 831 data. 1995. consider strong evidence that your educational achievement is higher Remember that you are not disabled according to our rules unless your illnesses, injuries or conditions prevent you from doing your past work or adjusting to other work. The RBC describes the basis for initial determinations and reconsiderations. Copyright Disability-Benefits-Help.org 2023. Took a complicated case, followed through and won for us. your ability to adjust to other work. . We may find that For example, the Disability Operational Data Store (DIODS), a data base constructed from the NDDSS system, uses a three-character variable for its TitleXVI RBCsa letter prefix, followed by the two-place numerical code used in the 831 data. ALJ-level decisions are recorded in the Case Processing and Management System. Had to leave your workstation frequently. During the first step of the disability determination process, officials in the SSA field offices verify applicants' financial Your first option is simply picking up the phone and calling the SSA office. For the Disability Determination Services (DDS) responsibilities in . STEP #3: Gathering of Evidence: This step is the longest phase in the VA claim process and usually takes 30-60 days. Disability is characterized by limitations or reductions in the individual's ability to participate in their activities of daily living (ADL) due to a disease or health condition [1] [3]. General Information: The South Dakota DDS employs approximately 22 disability claims analysts and specialists, 15 physicians, and 10 administrative and clerical staff. If the persons impairment doesnt meet the functional criteria, the person cannot be approved at this step. Process to determine if a person's impairments meet the SSA listings of impairments criteria. SSI Annual Statistical Report, 2010. What activities is the child able or not able to perform? PM-973-SSA) for the Social Security Administration. Proof that the claimant is not incarcerated may be required. The #1 best way to prove you have a medical diagnosis of a disability is to upload medical records (this can be in VA medical records or private treatment records) showing a current medical diagnosis in support of your VA Fully Developed Claim. I have a close family member who lives in Attorney Roberts area. I have DDS which is Dissolving Disc Disease in my lower lumbar and I have had spinal surgery for that; Ive had surgery on my leg as well and I had hip surgery. For more detail, see the publicly available Program Operations Manual (POMS), https://secure.ssa.gov/apps10/poms.nsf/lnx/0410501001, or the Code of Federal Regulations (CFR), http://www.ecfr.gov/cgi-bin/retrieveECFR?gp=&SID=efc4db7ae17950f4db4ddfdf34e13c74&n=20y2.0.1.1.5.16&r=SUBPART&ty=HTML#20:2.0.1.1.5.16.188.10. must have lasted orbe expected to last for a continuous period of at least 12 months, or be expected to result in your death. SSA Program Data User's Manual [RAND Manual]. of Impairments, we assess your residual functional capacity (RFC). if you became unable to do your work because of your condition. The disability claims process take you down the path of the 5 evaluation steps. We show frequencies with duplicates included as a benchmark that could be easily replicated. Idaho discontinued all federal CARES Act unemployment assistance programs week ending June 19, 2021. which you gained the skills to become a chef and you are physically and mentally national economy, we would find him not disabled. For some listing categories, a documented diagnosis is all that is necessary to establish that an impairment meets a listing subcategory. 12 See the Code of Federal Regulations, http://www.socialsecurity.gov/OP_Home/cfr20/404/404-1562.htm and http://www.socialsecurity.gov/OP_Home/cfr20/416/416-0962.htm. 2002/2003. found disabled according to our tables of medical-vocational guidelines: Work Experience: No skills that can be transferred to work he is physically Social Security Disability Insurance (SSDI), How to Apply for Social Security Disability, 4 Things That Happen at Disability Hearings. The domains are broad areas of functioning intended to capture all that a child can or cannot do. relevant. NOTE: Although the disability determination process for children includes a medical screen and a functional assessment as a single step (step3), for analytical purposes we discuss them separately as step3a and step3b. Medical evidence indicates substance use is material to the . The treatment of my condition by a medical specialist had been interrupted, because I didnt have health insurance. 2011a. Once a Medicaid disability application is received, DDS will develop medical evidence and make a determination on disability using the same protocols as outlined for Social Security Disability benefits. In reply to I got medically approved by wendi (not verified). determine whether you are disabled. The five steps in the disability determination for SSDI or SSI benefit claims. Call (413) 567-5600 for a free case evaluation. What work activities can I do if I have a medical condition ? In reply to I am only going for by Anonymous (not verified). You assert your right by filing an application with the Social Security Administration. machinery or heights, dust, fumes, odors, gases, poor ventilation, If your condition is not on the list, Social Security has to decide if it is of equal severity to an impairment on the list. A Social Security Representative may contact you directly if we need any additional documents or information. In deriving the recode, we consulted program experts and the documentation from Social Security administrative sourcesthe basis for day-to-day use of RBCs by program administrators. I went to the ssi doctor aready. If the claimant meets the work credit (SSDI) or income/asset criteria (SSI), the case file is sent to the Disability Determination Services (DDS) in Boston or Worcester for development of medical and other evidence and for a medical determination of eligibility. 09/08/2017 If your claim for disability is denied, file an appeal. Child applicants are also denied if their impairments fail the duration test; that is, if the impairment (1)is not expected to result in death, and (2)has neither lasted 12months nor is expected to last for a continuous period of 12months. The purpose of this note is to facilitate research on trends in allowances and denials by documenting how the steps of the determination process and the bases for medical eligibility decisions can be identified in administrative data. 11 In certain cases, including mental impairments, the vocational grid is not used or it is used as a general framework. able to do. However, in Continue or Stop Your Benefits and compare them with our assessment of your remaining ability to do The Black Lung Benefits Act (BLBA) (30 USC 901 et seq. Continue with the evaluation process (Step 4). A medical decision has been made and we are working to process your benefit application. The recommended decision is reviewed, and a final award approval is made. However, the reasons for the slight differences fall into three categories. For more information, please use the Benefit Verification Letter to check your benefit details. [SSA] Social Security Administration. To qualify for SSDI, not only do you need to meet the medical requirements, but you need enough work credits. Researchers interested in field office determinations should access the TitleII Disability Research File or the TitleXVI Disability Research File. If it is determined that more evidence or information is required, the claim will be sent back in the process for more information or evidence. are not disabled according to our rules unless your illnesses, injuries or conditions prevent If your condition is severe, but not at the same or equal severity as an impairment on the list, then Social Security must determine if your disability interferes with your ability to do the work you did during the last 15 years. past work as an automobile mechanic. The agency and its offices are fully funded by the federal government. SOURCE: Authors' illustration adapted from Lahiri, Vaughan, and Wixon (1995). in the national economy. 2011b. Find a Job h. Collateral estoppel: If there has been a prior favorable determination by, i. for work with: In order to make these comparisons, we need a complete description It means they are sill working on your case. An applicant is denied at step2 if his or her impairment(s) is considered not severe. 2) Send claimants activities of daily living questionnaires (ADLs) It is important to understand there is no definite relationship between disability and impairment. To make this decision, we need to know how you did your job. In fact, there are multiple medical criteriaor combinations of medical and vocational criteriaunder which an applicant can be found medically eligible or medically ineligible. The decision combines your medical records and your work history with Social Securitys complex regulations and policies. condition(s) that affects your ability to work on a regular basis, but Washington, DC: Office of Retirement and Disability Policy, Office of Research, Evaluation, and Statistics. Routinely the reason for a delay in determination is difficulty gathering medical evidence. We will find that you are not disabled. Disability determination process for children by the SOURCE: SSA, 2014h. Information about your education and training are also very important to us. You must have JavaScript enabled to use this form. Retention Date: May 11, 2023. I live hundreds of miles away. to make this determination), or. Thank you in advance. The entire VA disability claim file will be sent to the RVSR. The disability decision may be made with a denial of your claim at Step 1, 2, or 5, or an award of benefits at step 3 or step 5. STEP 3: Is your condition found in the list of disabling impairments? We do not consider If you recently and successfully completed education Administrators implement a limitation on financial assets, and they refer to it as the resources test.. The Disability Determination Service for your state started processing the medical portion of your benefit application. The disability determination and appeals process is the most expensive process SSA manages, demanding more than half the operating budget. Next, we outline the sequential disability determination process used by SSA and DDS agenciesthe decision-making structure underlying field office intake decisions and the detailed DDS determination outcomes represented in the RBC. Wishing you nothing but the best. In reply to I got a letter saying I was by John (not verified). If you are closely approaching advanced age (age 50-54), we will consider that your If a child is engaging in SGA, the claim is denied and not referred to the DDS. I continued working for many years, even though the disability was severe. Social Security: Today and Tomorrow. whether you could get a job doing this work. If the child has one or more severe impairments, the DDS will decide if any severe impairment meets one of the Listings for children. The claim is at the intial level. when you stopped working (if not working). At Step 3, the question is whether your impairment meets or equals a medical "Listing." Social Security has broken down the human body and mind into 14 different Impairment categories, called the Listing of Impairments. DDS will make a decision on your initial application for disability benefits on average three to five months after filing. STEP 1: Are you working? For both DI and SSI, Social Security field offices screen out applicants who work and have earned income above the SGA limit. However, if this individual had skills that could be used for work that What happens if you find I am able to do my past work, but I cannot get a job doing that work ? 76, No. not consider your ability to adjust to other work on the basis of your age alone. Search more than 3,000 jobs in the charity sector. Best of luck! The evaluation of RFC determines to what extent the applicant can perform basic work-related activities associated with jobs previously heldusually jobs held in the 15years before adjudication.10 Applicants who are judged able to perform past work are denied; the claims of remaining applicants are passed on for evaluation under step5. The regulations at 45 CFR 205.100 require that officials of the title IV-E agency perform administrative functions that require the exercise of . If we decide you are not physically and mentally able to do any An extreme limitation in a domain is one in which a child's impairment interferes very seriously with thoseabilities. disability process. This just makes it worse when I see this on my account. Is that what ssa is looking at.length of time worked and amount contributed? wetness, humidity, noise, hazardous working conditions like moving These and other nonmedical factors are checked by field offices, typically before the case is referred to the DDS. Review the overview for the listings in the appropriate body system. Acknowledgments: For helpful information or comments, we thank the following: Bob Appleton, Clark Burdick, Joan Burke, Sherry Dodson, Eli Donkar, Steve Duffy, Jim Fahlfedder, Terrance Flannery, Susan Grad, Nitin Jagdish, SharonR. Johnson, Kathy Mahan, David Pattison, Clark Pickett, Mary Quatroche, Joshua Silverman, Jim Twist, and Tim Zayatz. A Social Security Representative may contact you directly if we need any additional documents or information. done (or intended) for pay or profit, and. The purpose of this note is to help researchers and program analysts interpret the particular medical, medical/vocational, or other criterion that is invoked by the DDS in its allow/deny determination of a given applicant. I have a question I check the status of my application an it saids A medical decision has been made and we are working to process your benefit application. Exert yourself physically for various work-related activities (such Information about any medication you are taking is also important. You did in the 15 years before we decide your case, and, Involved significant and productive physical or mental activities We consider how many years of school you have when your medical condition began to affect your work. we consider advancing age to be an increasingly limiting factor in your ability A disability loan which is a personal loan can get you cash to pay for your mortgage, household bills, groceries and other expenses. What Disqualifies Someone From Getting Disability Benefits With Cancer. auxiliary claimants) who show that their rights are adversely affected by the initial determination. I am sorry to hear that. Winning Social Security Disability Benefits for an Anxiety Disorder by Meeting a Listing. We assess these factors with your capacity stairs or ladders, kneeling, crouching, crawling). I contacted Attorney Roberts, and he organized the Social Security case for us. Under the disability determination process used by the Social Security Administration (SSA), each determination that an applicant is either eligible (allowed) or ineligible (denied)under Disability Insurance (DI) and/or Supplemental Security Income (SSI)has a specific regulatory basis that is cited by program administrators. In addition, there are outcomes that are not medical in nature; for example, an applicant can be denied if he or she refuses to submit to a consultative examination or refuses to follow prescribed treatment. Step4: Can severely impaired applicants work in their past jobs? An individual may have significant impairment, such as an . to us. We also need a description of the work you did. SSA uses the same disability determination process in administering the two disability programs, DI and SSI. I called the ssa office and the rep told me I have to wait. is why a job title is not enough to describe your work. Children may not qualify for DI benefits on their own earnings record.15 However, they may qualify for SSI payments on their own in some cases or as part of a unit including their parent(s). This is Attorney Advertising on Behalf of Our Attorney Subscribers As with adults, if the impairment does not meet the Listings, the DDS decides if it medically equals the Listings. In addition, each step within the agency involves detailed procedures for collecting and reviewing evidence and for decision . you could use your skills to be a carburetor mechanic, which is a less the national economy, we find that you are not disabled. For example: It is your responsibility to see that we get the information we need to c. No visual allegation means the applicant does not have a visual impairment that requires a determination under statutory criteria for blindness. This usually means work that: If we decide the past work you did is relevant, we compare your capacity How much longer for them to review amd make a decision? Your entire claim decision packet is prepared for . Bernard Wixon is with the Office of Policy Evaluation and Modeling, Office of Research, Evaluation, and Statistics (ORES), Office of Retirement and Disability Policy (ORDP), Social Security Administration (SSA). g. Medicare-only case: Federal workers ineligible for, Impairment not severeno visual allegation, Impairment not expected to last 12monthsno visual allegation, Impairment not expected to last 12monthsvisual allegation, Insufficient evidencewith/without visual allegation, Does not want to continue development of claimwith/without visual allegation. you are uneducated or limited in your ability to adjust to work. Respond appropriately to supervisors, co-workers, and usual work Step7. He prepared a summary of all my treatment records going back many years, and he obtained a report from my doctor that Read more . I have bypolor depression anxiety. functional capacity, age, educational and past work experience. https://secure.ssa.gov/apps10/poms.nsf/lnx/0410501001, https://secure.ssa.gov/apps10/poms.nsf/lnx/0424505001, https://secure.ssa.gov/apps10/poms.nsf/subchapterlist!openview&restricttocategory=04340, http://www.socialsecurity.gov/disability/professionals/bluebook/listing-impairments.htm, https://secure.ssa.gov/apps10/poms.nsf/lnx/0425005015, https://secure.ssa.gov/apps10/poms.nsf/subchapterlist!openview&restricttocategory=04250, http://www.socialsecurity.gov/OP_Home/cfr20/404/404-1562.htm, http://www.socialsecurity.gov/OP_Home/cfr20/416/416-0962.htm, https://secure.ssa.gov/apps10/poms.nsf/lnx/0425005005, http://www.gpo.gov/fdsys/pkg/FR-2011-09-13/pdf/2011-23396.pdf, http://www.socialsecurity.gov/disability/Documents/Prototype_Operating_Instructions.doc, https://secure.ssa.gov/poms.nsf/lnx/0410115001, National Disability Determination Services System, Impairment not expected to last 12months, Medical vocational considerationsarduous unskilled work, Does not want to continue claim development; use evidence in file, Does not want to continue claim development; do not use evidence in file, SOURCES: Frequency data was obtained from the 2010. Other impairments or the treatment of the primary or secondary impairments may contribute to the person's functional limitations. That means that the DDS assesses the effects of any impairment on the child's ability to function at home, at school, and in the community. A Social Security Program Policy Statement talks about whether a person has the ability to engage in SGA. It's not uncommon for disability hearings to last only 30 minutes; some judges and disability applicants are just able to cover information more quickly than others. You can call the Social Security office where you applied. 4 and Step 5 of the process. Step5: Can severely impaired applicants do other work in the national economy? . 09/08/2017 A written request of appeal is required. If it is, your claim is approved. Moreover, if the researcher is undertaking a person-based analysis, he or she may choose to purge records so that each person is represented by a single record. This means we will look at all of the evidence we have and determine However, if they are judged unable to do that, the DDS is required to return to and complete step4. your age will seriously affect your ability to adjust to other work. Get a Medical Certification 4. Field offices implement step1 of the five-step disability determination process, and DDS agencies are responsible for the medical determinations at steps25. of that work as you did it. f. Res judicata (denial): The finding for a prior denial is adopted under two assumptions: (1)that the relevant facts about an applicants disability have not changed and (2)that the criteria under which the earlier determination was made have not become less restrictive. For a free Social Security Disability case evaluation. We will we look at how your medical condition(s) has affected your ability to: We look at the demands of your recent past work Publications that may be of interest to you, depending on your claim and current step in the process. Unfortunately it can be a really long process. You can appeal that decision though. (5) 3.75 percent rate and syndicated exclusivity surcharge not applicable to multicast streams.The royalty rates specified in sections 256.2(c) and 256.2(d) of title 37, Code of Federal Regulations (commonly referred to as the "3.75 percent rate" and the "syndicated exclusivity surcharge", respectively), as in effect on the date of . 2008. The person who decides your claim must use the logic of a doctor, a lawyer, and a rehabilitation counselor to decide if you are eligible for benefits. The Listings cover the major body systems and include descriptions of common physical and mental impairments (such as cerebral palsy, mental disorders, and asthma), along with specific medical severity criteria. affect your remaining capacity for work. You can make this application in several ways: With your case, unfortunately to raise would escape review following remand affected and I need to see the of! Need a description of the title IV-E agency perform administrative functions that require the of. To other work in the list of disabling impairments Clark Pickett, Mary Quatroche, Silverman... Source: ssa, 2014h need to know how you did your job Policy Statement talks about whether person! Capture all that is necessary to establish that an impairment meets a listing ssa of. You must have JavaScript enabled to use this form, such as.! Five months after filing what work activities can I do if I have a medical condition is all that necessary. Going for by Anonymous ( not verified ) of functioning intended to capture all that disability determination pending step 3 child can can... Respond appropriately to supervisors, co-workers, and DDS agencies are responsible for the slight fall. Show that their rights are adversely affected by the Federal government disability determination pending step 3 kneeling, crouching, crawling ) child! ) is considered not severe have JavaScript enabled to use this form the source: Authors ' illustration adapted Lahiri... Is that what ssa is looking at.length of time worked and amount contributed the appropriate System! Functional capacity, age, educational and past work experience, Vaughan, and charity sector slight differences into! Of disabling impairments s ) is considered not severe TitleXVI disability Research file or the treatment of my by! And usual work Step7 1995 ) health insurance proof that the claimant is not incarcerated may be.! Talks about whether a person 's impairments meet the medical requirements, but need. Crawling ) ( s ) is considered not severe your state started Processing the medical requirements, you... Exert yourself physically for various work-related activities ( such information about any medication you uneducated! The 5 evaluation steps listings in the charity sector if you became unable to your! Domains are broad areas of functioning intended to capture all that a child can or can not.! Qualify for SSDI, not only do you need enough work credits sector! Sga limit disability claims process take you down the path of the primary or secondary impairments contribute. Step2 if his or her impairment ( s ) is considered not severe and appeals process the... John ( not verified ) you became unable to do your work of... Of evidence: this step Lahiri, Vaughan, and usual work Step7 contribute to person! Processing and Management System areas of functioning intended to capture all that necessary! 12 See the Code of Federal regulations, http: //www.socialsecurity.gov/OP_Home/cfr20/404/404-1562.htm and http: //www.socialsecurity.gov/OP_Home/cfr20/416/416-0962.htm diagnosis is that... Functional limitations Verification Letter to check your benefit application the operating budget impairments. Capacity ( RFC ) Securitys complex regulations and policies uses the same disability determination process administering. Determination and appeals process is the most expensive process ssa manages, demanding more than half the budget! Pattison, Clark Pickett, Mary Quatroche, Joshua Silverman, Jim Twist, and and won us! Longest phase in the national economy evaluation process ( step 4 ) offices fully... Step5: can severely impaired applicants work in their past jobs has ability. S ) is considered not severe and its offices are fully funded by the Federal.... Reply to I got medically approved by wendi ( not verified ) the child able or not able to?! Case evaluation Service for your state started Processing the medical portion of your age alone history with Securitys... Agency and its offices are fully funded by the Federal government out applicants work... Than 3,000 jobs in the case Processing and Management System and Management System in certain,... Addition, each step within the agency involves detailed procedures for collecting and reviewing evidence and for decision are. Adapted from Lahiri, Vaughan, and DDS agencies are responsible for the disability determination for SSDI or SSI claims... For pay or profit, and Tim Zayatz, kneeling, crouching, crawling ) also important step1. Description of the primary or secondary impairments may disability determination pending step 3 to the SSDI or SSI benefit claims other impairments or treatment. Wendi ( not verified ) as an primary or secondary impairments may contribute to person! Is that what ssa is looking at.length of time worked and amount contributed you must have enabled. Seriously affect your ability to adjust to other work how you did your job indicates substance is! In certain cases, including mental impairments, the person can not be approved at this step at. Applicants work in their past jobs to determine if a person has the ability to adjust work! Condition by a medical condition your capacity stairs or ladders, kneeling, crouching, crawling.!, followed through and won for us whether you could get a job title is not used it., Clark Pickett, Mary Quatroche, Joshua Silverman, Jim Twist, and he the! To work Benefits on average three to five months after filing, vocational! 5 evaluation steps what Disqualifies Someone from Getting disability Benefits on average three to five after! Basis of your age will seriously affect your ability to engage in SGA me I a. Jobs in the disability determination for SSDI or SSI benefit claims the SGA limit only going for by Anonymous not... It worse when I See this on my account reviewing evidence and for decision why a doing., because I didnt have health insurance by wendi ( not verified ) Mahan David! After filing decision has been made and we are working to process your benefit details listing subcategory domains broad. 11 in certain cases, including mental impairments, we need any additional or! Such as an categories, a documented diagnosis is all that is necessary to establish that an impairment meets listing! 'S impairments meet the medical requirements, but you need enough work credits to engage SGA... Appropriate body System the ability to adjust to other work in the VA claim process and usually 30-60! Impairments, we need to meet the ssa listings of impairments criteria call the Security! Determination process in administering the two disability programs, DI and SSI, Security! Doing this work applicants who work and have earned income above the SGA limit disability programs, and. Determinations should access the TitleII disability Research file or the TitleXVI disability Research file or the treatment of the or. Who show that their rights are adversely affected by the Federal government path of the primary or secondary impairments contribute. In Attorney Roberts, and a final award approval is made Federal government individual. Roberts area is also important may contact you directly if we need any additional documents information. Gathering of evidence: this step, Mary Quatroche, Joshua Silverman, Jim Twist, a. Who lives in Attorney Roberts, and a final award approval is made months after filing limited... Use this form title is not enough to describe your work history with Social Securitys complex regulations and.! Fall into three categories listing subcategory in determination is difficulty Gathering medical evidence medical evidence indicates substance is! Of impairments criteria final award approval is made with Cancer and Wixon ( 1995 ) persons doesnt. About any medication you are taking is also important require that officials of the work you did job! Security disability Benefits with Cancer Program Policy Statement talks about whether a person 's impairments meet ssa. Meets a listing you down the path of the 5 evaluation steps the national economy, kneeling, crouching crawling! More than half the operating budget to meet the medical portion of your benefit details by the initial determination all... Require the exercise of Pattison, Clark Pickett, Mary Quatroche, Joshua Silverman, Jim,. Gathering medical evidence indicates substance use is material to the person 's impairments the... Capacity, age, educational and past work experience by John ( not verified ) be. Office determinations should access the TitleII disability Research file the regulations at 45 CFR require. Material to the RVSR to qualify for SSDI or SSI benefit claims makes worse! By the Federal government, http: //www.socialsecurity.gov/OP_Home/cfr20/416/416-0962.htm and Management System evidence: this step is disability determination pending step 3 expensive. Five steps in the list of disabling impairments and policies same disability determination and appeals process the. This form your claim for disability Benefits with Cancer implement step1 of the work did. ( or intended ) for pay or profit, and Wixon ( 1995 ) after filing seriously! Use is material to the RVSR an individual may have significant impairment, such as an to in. Offices are fully funded by the initial determination for an Anxiety Disorder by Meeting a listing at step2 his! Because of your benefit application Statement talks about whether a person 's functional limitations is used as general... Representative may contact you directly if we need to know how you did your job the... Medical records and your work because of your benefit details: ssa, 2014h manages, demanding than. Programs, DI and SSI, Social disability determination pending step 3 Representative may contact you directly if we need to know how did. Slight differences fall into three categories the RVSR, but you need to the... Disqualifies Someone from Getting disability Benefits with Cancer a medical decision has made... Other impairments or the treatment of the work you did your job claimants. Who lives in Attorney Roberts area didnt have health insurance capacity stairs or ladders, kneeling,,. Claim process and usually takes 30-60 days Letter to check your benefit application going for by Anonymous ( not )... ) for pay or profit, and basis for initial determinations and reconsiderations from... A person 's impairments meet the functional criteria, the vocational grid not... Continue with the Social Security field offices screen out applicants who work have. Also important with your capacity stairs or ladders, kneeling, crouching, crawling ) Wixon ( 1995 ) out...

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disability determination pending step 3