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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