Social Security Disability Guide:

The Five-Step Evaluation Process

In evaluating whether a claimant is entitled to Social Security Disability benefits, the ALJ will evaluate the claimant through a five step process. This is a "sequential" process, meaning that the Administrative Law Judge ["ALJ"] will ask the questions in order. If the answer to the question at any step indicates that a claimant is disabled, or is not disabled, the ALJ will stop.

The questions are:

1. Is the claimant engaged in substantial gainful activity?   [If "yes" the claimant cannot be disabled].
   
2. Does the claimant have a "severe" impairment? [This means that the impairment must limit the claimant's ability to work.]
   
3. If the claimant has a severe impairment,  the ALJ determines whether the impairment is so severe as to meet or equal the requirements of a "listing." [The listings are a list compiled by the Social Security Administration of types of impairments which are so severe that if an impairment is included on the listings, it means that the claimant is automatically considered disabled, without considering the claimant's vocational ability to work.]
   
4. If the claimant has a severe impairment which does not meet the requirements of a listing, does it prevent the claimant from returning to his/her prior employment?   [If the impairment does not prevent the claimant from returning to his/her prior employment, the claimant is not disabled. Prior employment refers to past relevant work -- generally work done for a significant period of time within the past fifteen years.]
   
5. If the impairment does not meet the requirements of a listing, but does prevent the claimant from performing his/her prior employment, does the claimant have the ability to perform other work available in the national economy? [If so, s/he is not disabled. This requirement is discussed under vocational evidence.]
   

The claimant must demonstrate items 1 through 4 on the list above. If the ALJ proceeds through the process to step 5, then the Social Security Administration must demonstrate that the claimant can perform other work. The Social Security Administration uses a vocational expert at the hearing to discuss whether the claimant can perform his/her prior job or any other employment in the national economy.

If the ALJ decides against the claimant, the claimant may appeal to the Appeals Council within 60 days of the date the ALJ's decision was received.

Stewart Jaffy & Associates Co., LPA | Attorneys at Law 
306 E. Gay St. | Columbus, OH 43215
Telephone: (614) 228-6148 | Fax: (614) 228-6140 
http://www.jaffylaw.com

  Please read our legal notice.