Saturday, November 23, 2019

SOCIAL SECURITY DISABILITY 5-STEP PROCESS: STEP 4

There are 5 sequential steps in the Social Security decision making process.  These steps must be considered in order and each step must be favorable to the claimant. 

Here, we are going to examine Step 4 in the process.

STEP 4

The issue at Step 4 is:  Can the claimant perform any of his/her "past relevant work (PRW)"?

Let's define that term Past Relevant Work:  It means any of the full-time jobs you held within the last 15 years prior to applying for disability.  So, in 2019, we look back to 2004.

If you are able to perform any full-time job that you held since 2004, you are not disabled according to SSA rules.

For claimants who are age 50 and over, the decision-making process may end here at Step 4.  

If Social Security finds that a 55-year old claimant cannot perform any of his or her past work and if there are no skills transferable to easier work, the claimant is usually found to be disabled and awarded benefits.

On the other hand, if a claimant can perform at least one of his or her past relevant jobs, the process stops here at Step 4 and the claim is denied.

Let's use a typical case for an example:  Donna worked as a material handler in an automobile plant for 18 years.  This was her only past relevant job.  Donna is 55 years old.  She applied for disability due to back and leg pain from two herniated discs in her lower back.  She has an MRI and the orthopedic surgeon says she has significant narrowing of the nerve canal with radiculopathy into her right leg.  Donna's job required her to lift up to 50 pounds at times, and to be on her feet 8 hours per day.  She says she cannot do this much lifting or standing due to back pain.

The judge decides that Donna is no longer able to lift 50 pounds or to be on her feet at least 6 to 8 hours per day.  Therefore, he asks the vocational expert (present at the hearing) whether Donna can perform past relevant work if she is restricted to lifting no more than 25 pounds and standing/walking no more than 4 hours per day.  The vocational expert says, no, those limitations prohibit the past work.

We expect the judge will approve Donna's claim because there are no past jobs that she can still perform due to her medical condition.  Because of her age, the judge will not consider whether there are easier or lighter jobs that Donna can do.  

However, if Donna had been under 50 years of age, the judge probably would have taken her on to Step 5 before making a decision.  Step 5 is discussed in our next blog post.
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