STEP 4 AND STEP 5 DENIALS
I really hate to write about disability denials but they are a fact of life. Understanding why a claim has been denied is the first step to getting it approved later.
The regulations provide for a mandatory 5-step, sequential decision making process. A claim may be denied at any step; however, most denials occur at either Step 4 or Step 5.
A Step 4 denial occurs when the decision maker determines that the claimant is able to perform one of his past relevant jobs. If a claimant is age 50 or above, denials are usually at Step 4. Past relevant work can only be considered for the most recent 15 year period. Jobs that ended more than 15 years ago cannot be considered.
A Step 5 denial occurs when the decision maker determines that a claimant cannot perform any past job but can perform some other work which exists in the national economy.
Nathan* is a classic example of a Step 4 denial. He most recently worked as a janitor-maintenance worker in a junior college. During the past 15 years, other jobs have included cashier and furniture assembly. Nathan developed back trouble at age 52 and has a bulging disc. Social Security ruled that while he is not able to perform his most recent work as a janitor-maintenance worker, he would be able to perform his past job as a cashier. Thus, he was denied at Step 4.
There is evidence that must be presented at the hearing which may prevent Step 4 denials. The claimant's residual functional capacity must be shown to be so restrictive that all past relevant jobs are now precluded. This may require certain testimony (in written form) from the claimant's doctor. Unfortunately, merely ordering medical records may give the full picture. A diligent advocate will always look for ways to avoid Step 4 denials, involving past relevant work.
The regulations provide for a mandatory 5-step, sequential decision making process. A claim may be denied at any step; however, most denials occur at either Step 4 or Step 5.
A Step 4 denial occurs when the decision maker determines that the claimant is able to perform one of his past relevant jobs. If a claimant is age 50 or above, denials are usually at Step 4. Past relevant work can only be considered for the most recent 15 year period. Jobs that ended more than 15 years ago cannot be considered.
A Step 5 denial occurs when the decision maker determines that a claimant cannot perform any past job but can perform some other work which exists in the national economy.
Nathan* is a classic example of a Step 4 denial. He most recently worked as a janitor-maintenance worker in a junior college. During the past 15 years, other jobs have included cashier and furniture assembly. Nathan developed back trouble at age 52 and has a bulging disc. Social Security ruled that while he is not able to perform his most recent work as a janitor-maintenance worker, he would be able to perform his past job as a cashier. Thus, he was denied at Step 4.
There is evidence that must be presented at the hearing which may prevent Step 4 denials. The claimant's residual functional capacity must be shown to be so restrictive that all past relevant jobs are now precluded. This may require certain testimony (in written form) from the claimant's doctor. Unfortunately, merely ordering medical records may give the full picture. A diligent advocate will always look for ways to avoid Step 4 denials, involving past relevant work.
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