The Oklahoma Bar Journal October 2026

activities. 10 Nonsevere impairments, in contrast, do not significantly limit one’s ability to do basic work activities. 11 Importantly, the agency only considers physical and mental impairments that are medically determinable, meaning the impair ment(s) must result from anatomi cal, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques, i.e ., objective medical evidence from an acceptable medical source. 12 The claimant’s allegation of symptoms, as well a diagnosis or a medical opinion standing alone is not suf ficient to establish the existence of an impairment(s); 13 it is imperative that objective evidence is provided to support a finding that the claim ant has a medically determinable impairment (MDI). If the claimant does not provide objective evidence showing a severe, medically deter minable impairment(s) (or a combi nation thereof), the claimant is not disabled and the analysis ends. Step Three: Does the Impairment Meet or Equal a Listing? If the claimant does have a severe medically determinable impair ment(s), step three of the sequen tial evaluation process requires a finding whether the claimant’s impairment(s) meets or medically equals a listing. 14 The listings are divided into 14 separate body systems (cardiovascular – listing 4.00, neurological – listing 11.00, musculoskeletal – listing 1.00, etc.), including mental, and each body system is further sorted into specific impairments. 15 The listings contain the medical criteria that apply to the evaluation of impairments and the determination of whether a listing is met or “medically equaled.” 16 If the claimant’s impairments meet or

medically equal a listing, they are considered severe enough to pre vent the claimant from performing any substantial gainful activities, and the claimant is disabled. For example, if a claimant has a severe MDI of heart failure, the medical evidence will be evaluated under listing 4.02, which addresses chronic heart failure and requires certain findings on appropriate medically acceptable imaging such as x-rays, echocardiography, radionuclide studies, or cardiac catheterization. If the claimant’s impairment does not meet the specific requirements of a listing but the totality of the evidence shows that the impairment is at least equal in severity and duration to the criteria of any listed impairment, disability can be based on a finding of medical equivalence. Step Four: Can the Claimant Perform Past Relevant Work? If the claimant does not meet or medically equal a listing, the analysis proceeds to step four, which considers the claimant’s residual functional capacity (RFC) and past relevant work (PRW). A claimant’s RFC sets out those daily activities that the claimant can still do on a regular and continu ing basis (eight hours a day, five days per week or the equivalent) despite their impairments and symptoms. 17 The RFC assessment contemplates the claimant’s ability to meet the physical (How long can the claimant stand and walk? How much can they lift? Can they climb stairs? How often can they use their hands?), mental (Can the claimant interact with the public? Can they concentrate for a full workday? Can they tolerate changes in routine?), sensory (Can the claimant communicate? Can they read print or see hazards?),

disability evaluation. 7 For adults, this is a consecutive five-step process and if the SSA can find the individual, known as the claimant, disabled or not disabled at a step, the agency will make its deter mination or decision and will not go on to the next step. If the SSA cannot find that the claimant is disabled or not disabled at a step, it will go on to the next step. Step One: Is the Claimant Engaged in Substantial Gainful Activity? Step one of the sequential eval uation process asks: Is the claimant engaging in SGA? If the claimant is working, and the work performed is SGA, they are not disabled regard less of their medical condition or their age, education, and work experience. 8 Essentially, the agency will review the claimant’s earnings records, and if there is evidence that the claimant is working or worked after the disability application was filed, and earnings exceed a certain monthly amount, which is codified in the regulations, the inquiry is finished, and the claimant is not disabled. For example, for calen dar year 2025, if countable earn ings average more than $1,620 per month, those earnings are SGA. 9 Step Two: Does the Claimant Have a Severe Medically Determinable Impairment? If the claimant is not working or is working but not at SGA, step two of the sequential evaluation process asks: What is the severity of the claimant’s impairment(s), both mental and physical? Severity has two components: duration (the impairment must result in death or last at least 12 months) and evidence that the impairment significantly limits the claimant’s physical or mental ability to do basic work

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

14 | OCTOBER 2026

THE OKLAHOMA BAR JOURNAL