THE 5-STEP DISABILITY DETERMINATION GUIDE

Social Security uses a mandatory 5-step decision making process in disability claims.

STEP 1:  Is the claimant now working at substantial gainful activity?

    YES:  Claim denied         NO:  Move to Step 2

STEP 2:  Does the claimant have a medically determinable severe impairment that has lasted for 12 straight months, is expected to last for 12 straight months OR to end in death?

    YES:  Move to Step 3       No:  Claim denied

STEP 3:  Does the claimant meet or equal a Listing?

    YES:  Claim approved.      No:  Move to Step 4

STEP 4: Can the claimant perform any past relevant work? **

    YES:  Claim denied. **      No:  Move to Step 5

STEP 5:  Is there other work in significant numbers in the national economy that the claimant can still perform?

    YES: Claim denied.             No:  Claim approved

Very few claims get approved at Step 3 because very few claimants can meet or equal a Social Security Listing. Contrary to popular belief, very few claims are paid at Step 3 because a Listing is very difficult to meet.

Most claims are decided at either Step 4 or Step 5.  

** It is possible for a claim to be approved at Step 4 under the grid rules if the claimant is at least 50 years of age and cannot perform any past relevant work.  Claimants under age 50, or those who have non-exertional impairments, cannot qualify under a grid rule.

The rules for Social Security disability are quite complex.  The Forsythe Firm in Huntsville, AL provides free consultations and will never charge a fee unless you win your claim with past due benefits.  For a free consultation please call (256) 799-0297.