Five Step Disability Process
The Social Security Administration’s disability decision process involves answering five questions favorably to the applicant.
1. Is the person currently working at a job that is considered substantial gainful activity (SGA)?
In order to be disabled according to the Social Security Administration, essentially an applicant cannot be working at the time. The Social Security Administration does allow a person to work in a minimal capacity up to a certain amount of wages, however, if a person is doing any work at all, the SSA will closely review that applicant to ensure that he is not, in some way, exaggerating any disability claims he may have.
In short, if a person is working, then his application will be denied. If a person is not working, then the SSA proceeds to question #2.
2. Does the person have a severe medical condition?
The Social Security Administration considers a medical condition severe when it (a) significantly limits a person’s ability to do work related activities such as walking, standing, sitting, or remembering things and (b) that the condition has existed or is expected to exist for at least one year.
Despite what an applicant is suffering or what medical information was provided, the Social Security Administration denies many applicants due to this rule. This is especially true for applications that were made prior to the one-year date of being out of work. The SSA regularly takes the position that if the applicant has worked within a year of the application, then the medical condition is not severe. Other applicants get denied at Step 2 due to the Social Security Administration finding that, although there is a medical issue, it is not severe enough to significantly impact any work ability.
This does not mean that the applicant is not ‘disabled’. Many applicants who have been denied at Step 2 have later been granted disability by appealing a denial through the Social Security Administration’s appeal process. Information on the appeals process can be reviewed here.
If the Social Security Administration believes that your medical condition is significant, then the process continues to Step 3.
CONTACT US
The Law Office of Dennis Elfert and Gulf Coast Dissibility Center
204 Barrow St.
Houma, LA 70360
3. Has the applicant’s medical condition met any of the conditions found in the ‘Listing of Impairments’.
If it is determined that the medical condition does meet the conditions of a ‘listing of impairment’, then the applicant is awarded disability benefits. If the applicant’s medical condition does not meet the level of a ‘listing’, the Social Security Administration continues its process in Steps 4 and 5.
In order to answer the questions in Steps 4 and 5, the Social Security Administration makes a determination on an applicant’s Residual Functional Capability (RFC). For more information about the Listings of Impairments and Residual Functional Capacity (RFC), please review the information here.
4. Can the applicant do any work
he/she has done in the past five years?
applicant and reviews who that person worked for, their position, and the physical and non-physical requirements for doing that type of job in the national economy.
If the Social Security Administration determines that a prior job position’s requirements are within the RFC assigned to the applicant, then the application is denied.
If, however, the SSA determines that the applicant can no longer do any of the jobs that were performed in the last five years, then it proceeds to Step 5.
5. Can the applicant do any full time work that exists in the national economy?
Just because you cannot do a job that you used to be able to do, does not mean that the Social Security Administration will automatically grant disability. Rather an applicant must show that he/she cannot do any significant work activity for any job that may only require the RFC associated with the applicant.
In making this determination, the Social Security Administration reviews a person’s age, education, medical conditions and prior work to see if there is any transferable skills that could be used in a different occupation.
The 5 Step Process is a complicated, legal challenge that often overwhelms individuals who decide to pursue the appeals process alone. To see the advantages of using a skilled attorney familiar with this process, see the information here.