THE RELEVANT DISABILITY QUESTIONS

There are many pertinent questions to be answered in a Social Security disability claim.  I will list 5 of them, then I want to explain questions 4 and 5 in detail.  Here are the 5 questions:

Question 1:  Is the claimant now working at substantial gainful activity?  (defined in 2016 as gross earnings of $1,130 per month).  If yes, disability does not apply.

Question 2:   Does the claimant have a severe medically determinable impairment?  If not, no disability applies.

Question 3:  Does the claimant meet or equal a Listing?  If not, what is the most the claimant can do in spite of the combined effects of his impairments).

Question 4:  Can the claimant perform any of his past relevant work?  Explained below.

Question 5:  Can the claimant perform any other work which exists in substantial numbers in the national economy?  Explained below.

Question 4 Explained:  If the claimant is able to perform even one of his past relevant jobs (any employer), Social Security will find that no disability exists.  A job is "past relevant work" if the claimant performed it within the past 15 years, did it full time and did it long enough to learn the job.  For example, if the claimant once worked as a receptionist and is found to still be able to perform this work, he is not disabled.

Question 5 Explained:  If the claimant is under age 50, he may be denied if he is determined to be able to perform any other work that exists in the US economy.  It does not have to be work for which the claimant has education, training or experience; and it does not have to be work that claimant wants to do.  If a registered nurse is not able to perform past work as a nurse, but can perform the jobs of a garment folder, for example, she is not disabled. Most claimants are denied at this step and plans must be made to defend against it.
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The Forsythe Firm, 7027 Old Madison Pike NW, Suite 108, Huntsville, AL 35806    PHONE (256) 799-0297.

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