5 Step Analysis in SSDI and SSI Claims:

 

Disability is defined as the inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment or combination of impairments that can be expected to result in death or that has lasted or can be expected to last for at least 12 consecutive months.  This standard is analyzed in 5 steps:

 Step 1 – Substantial Gainful Activity:

 First, the Social Security Administration (SSA) wants to know if a person is still working.  If someone is working and earning a certain amount each month, SSA will consider them to not be disabled, regardless of any actual disability.  A person will not be able to receive benefits while they are currently engaging in substantial work.

 Step 2 – “Severe” Medically Determinable Impairment:

 SSA then determines whether a person has a “severe” impairment.  For an impairments to be “severe” it must significantly limit a person’s ability to perform basic work activities. An impairment is “severe” if it imposes more than a minor limitation in someone’s ability to do work or life functions.  The impairment must have lasted or is expected to last for more than 12 months or is expected to result in death.

 Step 3 – Listings:

 SSA then determines whether a claimant meets any of the “Listings.”  A condition that meets a Listing is considered so severe that the claimant is automatically considered disabled.  If the condition does not rise to the level of a Listing, SSA then considers past work.

 Step 4 – Past Relevant Work:

 Most social security cases are won or lost at steps four and five of the process.  At step four, SSA first determines a claimant’s “residual functional capacity” which is their ability to do work.  SSA then determines whether someone can do their “past relevant work.”  If a person is no longer able to do the work they used to do, the process proceeds to step five. However, if SSA finds that the claimant is still capable of doing their past work, they will find that the person is not disabled.

 Step 5 – Any Other Work:

 Finally, SSA determines whether the claimant can do any other work, considering that person’s age, educational background, work experience, and residual functional capacity.  To make this determination, SSA uses a set of “Grid Rules”.  A vocational expert will testify about whether or not other jobs are available in the national economy.  If it is found that that they are not able to engage in other work as a result of their impairments, the claimant will be found disabled.

USEFUL LINKS:

The Application and Appeals Process

Understanding Social Security Benefits for the Disabled

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