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UNDERSTANDING SOCIAL SECURITY'S 5 STEP DISABILITY PROCESS

The law requires the Social Security Administration (SSA) to use a 5-step sequential process to determine whether a claimant qualifies for disability benefits.  Here are those 5 steps:

 STEP 1:  Is the claimant now working or engaged in Substantial Gainful Activity?  If working and earning at least $1,550 (2024), the claimant is gainfully employed and the disability claim will be denied.

STEP 2:  Does the claimant have a severe, medically-determinable impairment which significantly interferes with the ability to work--and has this impairment lasted for at least 12 straight months, is expected to last for at least 12 straight months OR to end in death?  If not, no benefit is payable.

STEP 3:  Does the claimant meet or equal one of Social Security's Blue Book Listings?  If so, the claim can be paid now.  If not, we move on to step 4.

STEP 4:  Can the claimant perform any of his/her past relevant work?  If so, the claim is denied.  Past Relevant Work in 2024 is defined as any work performed at substantial gainful activity level within the past 5 years prior to filing for disability, and was performed long enough to know how to do the work.

STEP 5:  If the claimant cannot perform past relevant work, is there any other work (which exists in substantial numbers) in the national economy that the claimant could do?  If yes, the claimant will be denied.

Step 5 trips up claimants who are under 50 years of age.  Just because these individuals cannot perform past work does not necessarily mean that they are disabled under SSA rules.  If they are able to perform other work (easier work) - they will still be denied.  For example:  A 47 year old construction worker may not be able to perform past work; however, he could work as a small parts inspector or eyeglass polisher.  He is not disabled under Social Security's rules.

Most claimants get denied at Step 5, because Social Security finds them able to perform "some work which exists in the US economy."  An experienced attorney or disability advocate may be able to get around this issue and get the benefit approved.  That would be one of the values of having a lawyer present at the disability hearing. (S)he can speak the legal language that the judge values and can cross examine the vocational witness to potentially exclude these "other jobs."    

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Charles W. Forsythe is a founding partner of The Forsythe Firm in Huntsville, AL and has assisted thousands of Social Security disability claimants in several states.  Free consultations are available by calling (256) 799-0297 or (256) 503-8151. 

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