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STEPS 4 AND 5 OF THE SOCIAL SECURITY DISABILITY PROCESS

Social Security will use 5 steps to consider your application for disability.  Think of these "steps" as tests.  Nearly everyone passes steps 1-3.  So here we will discuss Steps 4 and 5:

STEP 4:  Are you now able to perform any full-time job that you have performed within the past 15 years?  This work is called "past relevant work."  If decision makers find that you can perform any  past relevant work you are not disabled under the rules and regulations.  Many claimants are denied at Step 4, but even more get denied at Step 5.

STEP 5:   Do you still have the capacity to perform any other which exists in the national economy?  In other words, you can't perform any past work but can you perform easier work?  If you can you are not disabled and will be denied.  Step 5 tricks up claimants who are under age 50 and considered "younger individuals" under the regulations.  No, you can't do your work as a construction worker but you could work as a garment tagger or eyeglass inspector.  (Or pie taster, as we joke)!  Some of the Step 5 jobs they find are about that ridiculous!

How You Must Approach Your Claim or Appeal to Win

If you are a Younger Individual, under age 50, you must show that are is no work in the national economy that you are able to perform.  No job.  Note:  The regulations say "no work in the national economy," which means the United States of America.  Not enough that no job exists in your town, your state or even your part of the country.  Generally, you will need a very  severe impairment which prevents you from sitting up 8 hours a day, remaining focused and performing minimal and simple work activity.   This is why it is very difficult to be approved if you are under age 50.  

So, in preparing a case for a person under age 50, we must dig deeply into the medical record and look for such things as...... (examples).....

  • an inability to use one or both upper extremities for manual dexterity
  • an inability to sit for 2 hours at a time or 8 hours in an 8-hour day
  • the inability to stand or walk for up to 2 hours per 8-hour day.
  • restrictions that prohibit lifting/carrying up to 10 pounds occasionally
  • impairments that will keep the claimant off task 20 percent of the day
  • symptoms that will cause absence from work more than 1 day/month
  • the inability understand, remember, carry out simple instructions

There must be overwhelming objective medical evidence showing that these impairments and restrictions have either 

  • lasted for 12 straight months
  • Will last for at least 12 straight months
  • Or will end in death of the claimant
As I have stated, it takes a rather severe long term medical or mental condition to satisfy the criteria for disability involving a claimant under age 50.


 

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