Skip to main content

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.

 

Comments

Post a Comment

Popular posts from this blog

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...
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

CAN A LAWYER / ADVOCATE HELP YOU IN DISABILITY HEARINGS?

 HOW A LAWYER INCREASES YOU ODDS     There are many things a trained disability advocate or lawyer can do for you in a disability claim.  The biggest reason to have a lawyer or advocate is that you are 3 times as likely to be approved when using one. As with all levels of applying for SSI and SSDI , it is not required that you have attorney representation. However, the hearing before an Administrative Law Judge is your BEST chance of being approved for Social Security benefits. During this stage your chances of being approved are highly improved by having an attorney that is skilled with disability law . Only an experienced lawyer or advocate will understand the difficult and confusing concepts discussed at the hearing.  If you don't have a lawyer you will probably understand very little of what goes on at your hearing. Before your hearing your attorney can prepare you for the questions you will be asked at the hearing. A vocational expert will be a...
Post a Comment
Read more