SOCIAL SECURITY DISABIILTY 5-STEP PROCESS: STEP 3

There are 5 sequential steps in the Social Security decision making process for disability.  Steps must be considered in order.  In this post, we want to discuss Step 3:

STEP 3

Step 3 of the process considers two questions:  

(1)  Does the claimant meet a Listing?  A Listing is a list of impairments which also gives certain severity criteria that must be met.  If the claimant's symptoms are as severe as those described in the Listing, a finding of disability is automatic here at Step 3.  I must add that most claimants do not meet a listing; therefore, they will go on to Step 4 without a decision being made here at Step 3.

(2)  If no Listing is met, what is the claimant's Residual Functional Capacity or RFC?  Let's define that term:  Residual Functional Capacity means "What is the maximum in work-like activity that the claimant is now able to sustain?"  In simple terms:  How long can the claimant sit, stand and walk?  How much can he/she lift?  How often can she reach, kneel, crouch, crawl and stoop?  What is the most he or she can do in a job setting?  What are the limits?

Most claimants do not get approved at Step 3 (by meeting or equaling a Listing).  In my years of practice, I would say that one out of forty claimants may meet a Listing.  You must be very severely sick or impaired to meet a Listing.  If you have terminal cancer, are on long-term kidney dialysis, or have a catastrophic illness, you may meet a Listing.  If you are legally blind in your best eye, you may meet a Listing.  Most people, however, will not meet a Listing.

Individuals who do not meet a Listing (most of them), will move on to Step 4, which is discussed at the next post in our series.
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