Determining Social Security Disability – Step 5: Can Claimant Perform Other Available Work?
The Social Security Disability sequential evaluation uses a five step process to determine if an individual is disabled. In the Part 6 of our blog series, we look at whether or not you are capable of performing other available work, which is the final stage of the Five-Step Sequential Evaluation Process used by the Social Security Administration in determining eligibility for benefits under the Social Security Act. The issue is further explained in our free downloadable e-book, The Social Security Disability Puzzle.
Does your impairment prevent the performance of any other substantial gainful activity?
To qualify for disability, your impairments must prevent you from doing any other work. At this step, the burden of proof shifts to SSA to show that you can perform other work. SSA uses the Medical-Vocational Guidelines, or “Grids,” which looks at your vocational factors (age, education, and past work experience) as well as your medical factor (residual functional capacity) to see if you can do/or adjust to other work. If you cannot, SSA will find you disabled.
Age
Individuals are placed into age categories. Older age is an increasingly adverse vocational factor for persons with severe impairments. The age classifications are:
- Younger person (under 50),
- Person approaching advanced age (ages 50-54), and
- Person of advanced age (ages 55+), the point when age could adversely affect your ability to do past work experiences.
- Closely Approaching Retirement Age (ages 60-64)
Borderline ages are viewed on a case-by-case basis. Furthermore, social security disability is never determined on the basis of age alone.
Education
- Inability to communicate in English
- Illiteracy
- Marginal Education
- Limited Education
- High School Graduate or more—Does not provide for direct entry into skilled work
- High School Graduate or more—Provides for direct entry into skilled work
Job Skills
- Unskilled
- Semiskilled
- Skilled
Past Work Experience –The jobs a person has done, the length of time spent at them, and the recency of the work are major factors in determining your ability to work. Past work experience categories are:
- None,
- Not vocationally relevant,
- Unskilled,
- Semiskilled, or
- Skilled.
Residual Functional Capacity – An individual’s ability to adjust to other work:
- Sedentary,
- Light,
- Medium,
- Heavy, and
- Very heavy
For a free legal consultation, call 800-562-9830
Awarding Disability
If the grid rules, based on your medical-vocational profile, find you disabled, the grid rule is irrebuttable and must be used in making a determination. Where a grid rule directs a finding of disabled vocational expert testimony may not rebut the conclusion directed by the grid rule.
Not Using the Grids
When using the Grids is not warranted, SSA may only sustain the burden of proof by producing expert vocational testimony concerning the existence and availability of jobs in the national economy that you can perform.
Step 5 of the Social Security Disability sequential evaluation is lengthy and complex. Contact Social Security disability attorney Marc Whitehead if you have questions about dealing with your Social Security Disability. Call 800-562-9830 or visit disabilitydenials.com to learn more about your legal options.
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