Skip to main content

WHAT IS A STEP 4 DISABILITY DENIAL?

Social Security will issue a "Step 4" disabililty denial when the claimant cannot perform any past relevant work--that is, he can't perform any full-time job that he has held during the past 15 year period.

Example:

Susan, who is 42 years old,  has worked for the last 9 years as a warehouse stock clerk.  This work requires standing and/or walking more than 6 hours per day, frequent bending--and lifting up to 60 pounds at times.  Social Security classifies this work as "medium level work."  Susan has developed lumbar disc problems with back pain and she can no longer do the standing, walking or lifting required in her warehouse job. 

In the past 15 years, Susan had a job as an office manager for a dental office.  She held this job for 4 years and it required less than 2 hours per day of standing/walking and lifting less than 10 pounds occasionally.  It is classified by Social Security as sedentary work. 

Now, since Susan is no longer able to continue working as a warehouse clerk, is she disabled under Social Security rules?  Probably not.  Because she can still perform at least one previous job or "past relevant work."  She could still perform the work of office manager, which is easier "sedentary" work.

Therefore, Social Security is likely to issue a "Step 4" denial:  unable to do her current work but able to perform past relevant work as an office manager. 

Comments

Post a Comment

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...
Post a Comment
Read more

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...
Post a Comment
Read more

A DISABILITY DENIAL IS NOT THE END OF YOUR CASE

By Charles W. Forsythe The Forsythe Firm Social Security denies a lot of applications.  It's expected.  But it's not the end. The good news is:  You can probably win your case on appeal and get paid benefits.  It just takes a bit longer. About 8 out of 10 new disability claims will be routinely denied.  So, it's rather unusual to be approved just by filing an application. An appeal sounds like a last resort or tricky legal maneuver.  It's really quite common--almost  normal--in a Social Security disability case. 8 out 10 claims will be appealed at least once, often twice, before they are paid. The process that pays Social Security disability is not the application, it's the appeal process. Many claimants who don't understand the importance of appeals give up after the first denial.  A serious mistake.  You odds get better in appeals. TIME LIMIT ON APPEALS.  All unfavorable Social Security decisions must be appealed within 60 days.  ...
Post a Comment
Read more