Five Step Disability Evaluation Process
A person is considered disabled if he has mental or physical impairments which make him unable to engage in any Substantial Gainful Activity for 12 months or longer. Thus, the first question the Administration must ask is: Are you working? If you are working full time, then the presumption is that you are not disabled and the inquiry ends. If you are working part-time, then the Administration needs to know your gross monthly earned income. For non-blind workers in 2008, if gross monthly earned income is $940 or more, then you are not disabled under the law because you have exceeded the Substantial Gainful Activity income limit. This figure increases every year.
If you are not engaged in Substantial Gainful Activity, then the Administration moves on to the second step of the disability evaluation. It must review all your medical evidence and determine whether or not you have a severe impairment. Any medically determined impairment that significantly impacts your ability to work should satisfy this inquiry. Thus, few disability claims are denied at Step 2 of the evaluation process
Step 3 consists of determining whether or not your impairment or combination of impairments meets or equals in severity one of the impairments described in the Listing of Impairments. If a claimant meets or equals a listing, he is automatically found disabled and the Administration will not proceed on to Steps 4 and 5 of the evaluation. You may view the Listing of Impairments online for adults at http://www.ssa.gov/disability/professionals/bluebook/AdultListings.htm and for children at http://www.ssa.gov/disability/professionals/bluebook/ChildhoodListings.htm
If you do not meet or equal one of the Listing of Impairments, the Administration must determine your Residual Functional Capacity (RFC). The Administration reviews all of the medical evidence and determines what you can still do, despite any limitations caused by your impairments and related symptoms, such as pain and fatigue. It will determine your ability to:
Sit, stand, walk, lift, carry, push, pull;
Reach, handle large objects, use your fingers, feel, stoop, balance, climb, kneel, crouch, and crawl;
Tolerate temperature extremes, wetness, humidity, noise, hazardous working conditions, dust, fumes, odors, gases, poor ventilation, vibrations;
See, hear, and speak;
Maintain concentration and attention at work;
Understand, remember and carry out instructions;
Respond appropriately to supervisors, co-workers, and usual work situations; and
- Cope with changes in the work setting.
At step 4 of the disability evaluation process, the Administration must determine whether you can perform your Past Relevant Work; e.g. jobs over the last 15 years that were considered Substantial Gainful Activity. You have the burden of proof at step 4. The focus should be on identifying both the mental and physical requirements of all Past Relevant Work and whether or not you can still perform them on a full-time basis for a sustained period of time given your Residual Functional Capacity.
If you convince the Administration that you can no longer perform your Past Relevant Work, then the burden shifts to them to prove that there is no Other Work that exists in the national economy that you can still perform on a full-time, sustained basis, given your Residual Functional Capacity. This is the fifth and final step of the disability evaluation process. The Administration must consider vocational factors when making this determination including your age, education, and any transferable skills you may possess. Generally, if you are age 50 or older, you will have an easier time being approved at step 5.