WHAT ARE THE 5 QUESTIONS THAT DETERMINE DISABILITY ELIGIBILITY?

By law, the US Social Security Administration must apply a 5-step process to decide whether you qualify for disability benefits. These 5 steps are usually posed as questions that SSA must answer for themselves based on the evidence:

1. Is the claimant now working at the level of Substantial Gainful Activity (SGA)? Is he/she earning at least $1,470 per month in wages or self-employment? Yes = automatic denial. No = go to Step 2.

2. Does the claimant have at least one medically determinable impairment which has lasted at least 12 straight months, is expected to last at least 12 straight months, or to end in death? No = denial. Yes = Go to step 3.

3. Does the claimant meet or equal a Social Security LISTING? Yes = Approval. No = Determine the claimant's Residual Functional Capacity and move to step 4.

4. Can the claimant perform any of his or her Past Relevant Work (based on age, education, experience or residual functional capacity)? Yes = Denial. No = Go to Step

5. Can the claimant perform any other full-time work which exists in the U.S. economy? Yes = Denial. No = Approval

More about step 5 or "other work in the US economy." If the claimant is under 50, the ability to perform any full-time work will result in a denial. Even if the claimant cannot perform any of his/her past work, the ability to perform some other kind of work will result in a denial. For example, a nurse who cannot continue working as a nurse because she can't stand for 6 to 8 hours per day is not disabled if she can work as a parts inspector, eye glass inspector, office assistant, copy ticket clerk, etc. These jobs may pay minimum wage, may not be available locally, and may require none of the nurse's education or training--but they will be sufficient to deny the claim, especially if the claimant is under age 50. Most disability claims are lost at Step 5. The claimant may satisfy the requirement that he/she cannot perform any past work. But Social Security's vocational expert (VE) will find less demanding jobs that can still be performed. So, most cases hinge on proving that the claimant cannot perform ANY full-time work. It's a high burden for younger claimants. Most claimants will need professional help to lift this burden.

Most disability claims are lost at Step 5 because claimants are judged capable of doing "other work" that exists in the US national economy." Be prepared to overcome this to win your claim.