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WHAT IS A STEP 5 DISABILITY DENIAL?

 Social Security will issue a Step 5 disability decision when a claimant is unable to perform his/her current work, but can perform "other work" which exists in substantial numbers in the national economy.

Example:  Jack is a 47 year-old carpenter and his work requires 8 hours per day of standing or walking with frequent climbing of ladders.  His job requires him to lift up to 40 pounds at times and perform frequent bending, reaching and overhead reaching.  Jack develops arthritis in his lower spine which prevents these activities.  Since he can no longer perform his work as a carpenter, is Jack disabled under Social Security rules?

Probably not.  Jack may be able to perform "other work which exists in substantial numbers in the national economy."

At a Social Security hearing, a vocational expert may testify that Jack is unable to meet the physical demands of work as a carpenter.  However, he can meet the demands of easier "other" work, such as:

1.  small parts inspector

2.  food and beverage order clerk, or

3.  garment tagger

Since Jack can still work at some other job, he is not disabled under Social Security rules.

The regulations require that to receive SSDI benefits, the claimant must be unable to perform  current work and all other work.  This rule is especially treacherous for claimants under age 50.  If the claimant is age 50 or over, a finding of "disabled" might occur at Step 5.  Age plays a very important part in Step 5 decisions.

 

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