WHAT IS A 'STEP 5' DENIAL?

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 elevated blood pressure.  He takes prescribed narcotic medication for pain control and his doctor has given him restrictions to lifting no more than 10 pounds at a time.  Therefore, he cannot perform either of his past relevant jobs.

However, the judge may find that the claimant can still perform sedentary work such as
  •  ticket agent in a movie theatre
  •  surveillance system monitor
  • food and beverage order clerk, or 
  • garment tagger 
  • egg washer, etc.  (Yes, that is a real job) 
There are about 250 sedentary jobs that will be offered as evidence of "other work" that the claimant could perform, even with his limitations.
 

The judge and vocational expert may argue that with a sit/stand option every hour (or every 30 minutes), the claimant can perform sedentary work, even if he/she cannot sit for 2 hours at a time or the required 6 hours out of an 8 hour day.  That would potentially be grounds to deny the claim.

The claimant, or his representative, must be prepared to offer medical evidence that refutes such a contention.  So, the fact that you cannot perform any of your past work gets you past Step 4 but may trip you up at Step 5.  Let the claimant beware and prepare! 

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