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HOW MANY STEPS IN A SOCIAL SECURITY DISABILITY DECISION?

Social Security uses a 5-step process to decide whether you are disabled:

1.  Are you now working at  substantial gainful activity (SGA), earning at least $1,470 per month (or $1,550 per month in 2024).  If so earn that amount or more from work  you are not disabled and will be denied at Step One.

2.  Do you have a medically determined severe impairment that has lasted or will last for at least 12 straight months (or end in death)?

3.  What is your Residual Functional Capacity?  This means how much work activity are you still able to perform in spite of your impairments/conditions?  

4.  Are you able to perform any of your Past Relevant Work?  They will look at all full-time jobs you have held during the most recent 15 year period.  If they find you are still able to perform even 1 of those jobs, you will be denied at Step 4.

5.  Is there any other  work in the national economy that you are still able to perform considering your age, education, past work experience and residual functional capacity?  If the answer is "yes," you will be denied at Step 5.

Step 5 is critical for most claimants.  Most claimants will make it past Step 4 but get denied at Step 5.  It's a pretty "heavy lift" to prove that you can't do any work that exists in the US economy.  Social Security will bring in a vocational expert to testify about various jobs that are available.  Many of these jobs will include unskilled sedentary jobs that don't require a lot of physical strength and no training or skills.  It will be up to your attorney/advocate to question the expert and convince the judge that you are not able to perform these easy, unskilled jobs.  That's really not something the claimant can do for himself because he/she lacks the training, experience and knowledge of the rules to do this effectively.

Claimants age 50 and over have a slight advantage because they often are able to avoid Step 5 and have their case approved at Step 4--by proving that they can't perform any past work. Attorneys or advocates are able to take advantage of the "grid rules" in Step 4 to get an approval.  Claimants under age 50 will go to Step 5 where an approval is much more difficult.

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Need help with Social Security disability?  60 percent of claimants who use an attorney/advocate will get approved.  Only 31 percent who don't use an attorney/advocate will get approved.  Contact Charles Forsythe at the Forsythe Firm in Huntsville for a free consultation.  (256) 799-0297.

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