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THE 5-STEP SEQUENTIAL PROCESS FOR DISABILITYU

Social Security uses a sequential 5-Step process to decide who is disabled.

"Sequential" means that each step must be considered in order.  At each step, you may be approved or denied.  Here are the Steps:

STEP 1:  Are you now gainfully employed?  

If Yes, you are denied and the case closes.  If No, move to Step 2.

STEP 2:  Do you have a qualifying severe impairment?

If No, you are denied and the case closes.  If Yes, move to Step 3.

STEP 3:  Do you meet one of Social Security's Listings?

If Yes, you are approved and the process closes.  If No, move to Step 4.

STEP 4:  Can you perform any of your past relevant work?

If Yes, you are denied and the process closes.  If No, move to Step 5.

STEP 5:  Are you able to perform any other job which exists in "significant numbers" in the U.S. economy?

If Yes, you are denied.  If no, you are probably approved.

Note:  The claimant's age plays a huge part in Steps 4 and 5.  A claimant under age 50 will nearly always end up at Step 5. (unless they can be approved at Step 3). Older claimants may have their case decided at Step 4.
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The Forsythe Firm
7027 Old Madison Pike - Suite 108
Huntsville, AL 35806
CALL (256) 799-0297

*The term "significant numbers" is not defined in the regulations.  Judges get to make the decision as to whether a certain number of jobs in the US economy constitutes a "significant number."  I sometimes object that a certain number of jobs is not a "significant number," however, the judge has the final say.




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