WHAT IS A "STEP 5" DENIAL?

Social Security must use a sequential (in order) process to decide if a person is disabled.  There are 5 steps in that process.

We have previously discussed Step 4, Can the claimant perform any of his or her past relevant work?  If the answer to that question is No, then we move to the final step, which is Step 5.

STEP 5 must determine whether the claimant is able to perform any other work which exists in the US economy.  The factors which can be considered in answering the question are:

• the claimant's age
• the claimant's education
• the claimant's past relevant work
• the claimant's education and training, and
• the claimant's residual functional capacity 

If the answer to Step 4 was that the claimant is unable to perform any past relevant work, and Step 5 concludes that the claimant can perform no other type of work that exists in the national economy, a finding of disabled will result.

This matter of "other work" at Step 5, however, is very troublesome.  Think about how wide a range the term "any other work" conjures up.  

Let me give an example.  I have a client who is a licensed pharmacist.  She spent 4 years in college and another 4 years in pharmacy school to get licensed.  She cannot stand 10 to 12 hours a day, as required in the pharmacy job.   Will she qualify for SSDI benefits?

Not if she can perform any other work.  For example, if she can perform the work of a garment folder, a telemarketer, a customer service representative, a toll both attendant or a parking garage attendant, she is not disabled according to Social Security.  You say, "Now wait a minute.  Here's a person with a doctorate degree who earns $90,000 a year.  It's unfair to expect her to take a job earning $7.25 an hour."

But Social Security does not consider the wage or earning potential of the "other work" at Step 5.  If a younger person (under 50) can perform "any other full-time work" in the national economy, she is not disabled.

So, the Step 5 issue is what denies many, many claimants.

If you look at your denial letter, last page, last paragraph, it probably reads like this:

"We have concluded that you cannot perform the work you once did.  However, you are able to sit and stand and use your arms and hands.  There are other types of work in the national economy that you are able to perform.  Therefore, you are not disabled according to our rules."

What is the best way to respond to a Step 5 denial?  File and appeal and request a hearing before an administrative law judge (ALJ).  You have 60 days to file this.  You also may want to engage the service of a qualified attorney or advocate to help you with the appeal.