WHAT IS THE "5 STEP PROCESS" FOR DECIDING SOCIAL SECURITY DISABILITY?

Decision makers at Social Security are required to use a 5-step sequential process to decide whether a claimant is disabled and entitled to a disability benefit.  The process has 5 steps which must be sequential.  They must start with Step 1 and consider it before moving on to Step 2.  A claim may be denied at any of the 5 steps.

Here are the Steps in order:

STEP 1:   Is the claimant working at Substantial Gainful Activity (SGA)?  In 2021, this means wages or self employment income of at least $1,310 per month (gross).  If so, there is a Step 1 denial here.  If not, we proceed to Step 2.

STEP 2:   Does the claimant have at leas one severe impairment which

• Is medically determinable (supported by objective medical evidence) and
• has lasted at least or is expected to last at least 12 straight months OR to end in death.  If the answer is "Yes," we move on to Step 3.  If not, the case is denied here.
  

 STEP 3:    Does the claimant meet or equal one of the Listings in Social Security's "Blue Book"?

• YES - An award or approval is issued here.
• NO -   The claimant's Residual Functional Capacity (RFC) must be determined before proceeding to Step 4.
  

STEP 4:    Based solely upon the claimant's age, education, past relevant work and Residual Functional Capacity, is the claimant able to perform any of the full-time jobs he/she performed during the most recent 15-year period?

• YES -  A denial is issued here at Step 4.
• NO -    The case moves on to the 5th and final step.

 STEP 5:  Based solely upon the claimant's age, education, past relevant work and Residual Functional Capacity, is there any other work in the national economy that the claimant would be able to do?

• YES - Claim will be denied at Step 5
• NO -   An award will made here

 Most cases will go all the way to STEP 5, and will depend on the question associated with Step 5, "Can the claimant do any other work...?"

This is the framework for all Social Security disability decisions.  The steps may seem cut and dried; however, there is a great deal of legal argument that can and should occur at each step.  Even Step 1 isn't cut and dried.  The claimant may indeed be working but that doesn't always mean working at substantial gainful activity.  And "work" may or may not be "past relevant work," according to the regulations.

To get a free case evaluation at no obligation, call the FORSYTHE FIRM in Huntsville.  (256) 799-0297.