THE 5 SEQUENTIAL STEPS IN DISABIITY

Social Security disability law requires decision makers to use a 5-Step process when they consider whether a claimant is eligible for a disability benefit. These steps must occur in order. A claim may be denied at any step and all 5 steps are not always required. Knowing the 5 steps can help the claimant prepare to present a legal, winnable case. Here are the steps.

STEP 1: Is the claimant now working at Substantial Gainful Activity? If Yes, the claimant is not legally disabled and the claim is denied at Step 1. Nothing else is considered. In short, if you're working, your case is over. What is "Substantial Gainful Activity"? It is basically full-time work. But it's defined by the amount of wages or self-employment income you have. In 2019, if you earn at least $1,220 in work related wages, you are working and not eligible for disability. That amount will increase slightly in 2020, to $1,260.

2. STEP 2: The claimant must have at least one severe, medically determinable impairment which has lasted for at least 12 straight months, is expected to last for at least 12 straight months OR to result in death. If this is not the case, the claim is denied here at Step 2 and no consideration is given to any other aspects of the case.

3. STEP 3: it must here be determined if the claimant's medical condition is so severe that it meets one of the published Listings. If so, the claim is approved at Step 3. Most claims will not meet or equal a Listing. If not, Social Security must decide what the claimant's Residual Functional Capacity (RFC) is. Can he/she perform full-time work at the Sedentary, Light, Medium, Heavy or Very Heavy exertional level? Then, the case proceeds to the next step.

4. STEP 4: Can the claimant perform any of his/her Past Relevant Work (PRW)? PRW is work that

(a) was performed within the most recent 15 year period, (b) was performed at substantial gainful activity level, and (c) was performed long enough for the claimant to learn to do the job. If the claimant is age 55 or over and cannot perform even one of his/her past relevant jobs, and if there are no transferable skills, a finding of disabled may occur here. However, if the claimant is under age 55 (50 in some cases), and cannot perform past relevant work, the case will proceed to the next step.

5. STEP 5: Can the claimant perform any other work which exists in significant numbers in the United States economy? If the answer is yes, the claim will be denied. If not, it should be approved.

We must note that at Step 5, the only factors considered will be: (a) age, (b) education (c) past work experience, and (d) Residual Functional Capacity of the claimant.

Some factors that are NOT considered (and will not help the case) include: the claimant can't find a job, no one will hire him/her, there are no jobs in his/her community or state, the economy is very slow right now; the claimant has no transportation to get to or from work, or all employers have told him that he/she is just too much of a liability for the company.

SUMMARY: Most claimants under the age of 50 must prove that there are no jobs in the national economy that they can perform on a full-time basis or they will lose their case. Claimants under the age of 50 will always go all the way to Step 5, unless they meet a Listing at Step 3, which very few will do. Claimants age 50 and over may have their case decided at Step 4 and avoid Step 5. So, age plays an important part in the disability consideration process.