HUNTSVILLE DISABILITY GUIDE

Step 5 is the final step in a Social Security disability determination process.  Step 5 must ask and answer this question:  Can this individual perform any other work that exists in the local, regional or national economy? Step 4 has just asked, "Can this individual perform any of his/her past relevant work?"  If the answer is No, then the decision maker goes on to Step 5 (above). I would say that a majority of claims lost, especially at the appeal level, are lost at Step 5.  The judge will find that while the claimant cannot perform any of his/her past relevant work, there do exist other jobs which the claimant can perform.  Therefore, under Social Security regulations, the claimant is not disabled and is not entitled to get benefits. Here's an example of how a Step 5 denial works. The claimant is a 49 year-old man whose past relevant work has been heavy labor and driving a tractor-trailer truck over the road.  He has two bulging discs and elevate...

At Step 4 in the Social Security disability determination process, the case adjudicator must consider the claimant's past relevant work.  This is usually defined as all substantial work performed within the past 15 years.  Not all work, however, is past relevant work--even if it was done during the 15 year period.  Here are some examples: Work that was not performed at substantial gainful activity (SGA) level is excluded.  This might include part-time work that did not rise to the "substantial" level test. Work that not performed long enough to learn the job.  For example, if you took a job as an electrician's helper but stopped after a brief period of time without learning the skills of the job, the work is not past relevant work. Work that was subsidized cannot be counted.  Here's an illustration.  Beth has a good friend who works for a social welfare agency.  Beth is referred to a program that trains and assists the unemployed.  This a...