1. Is the individual working above SGA level.
At the first step, SSA considers an individual's work activity, If any.
SGA stands for Substantial Gainful Activity and the amount changes each year. for 2009 it was 980 and for non blind and $1640 for blind .
If an individual is working and his or her earnings average more than the SGA limit a month, then he or she is found not disabled. juu88
If an individual is not working or his or her earnings are less than SGA, the adjudicator goes to step two.
STEP TWO
2. Is the individuals physical and mental illness severe?
At the second step, SSA consider the medical severity of an individuals impairment(s)
An individual must have a medically determinable physical or mental impairment (or a combination of impairments) that is severe for the duration requirement.
To be severe an impairment or impairments must interfere with work related activities.
To meet the duration requirement the impairment(s) must be expected to last twelve months or to result in death.
If the impairment(s) are severe and meet the duration requirement, the adjudicator goes to question three..
STEP THREE
3. Does the individual;s medical condition(s) meet or equal the severity of a listing?
At the third step, we also consider the medical severity of an individual’s impairment(s).
SSA maintains a listing of medical criteria that are considered to be so severe that an individual is found to be disabled if his or her medically determinable physical or mental impairment(s) matches them. An individual’s impairment(s) can be found to meet the listed criteria exactly or to be of equal severity. If an individual has an impairment that meets or equals one of the listings and meets the duration requirement, he or she is found to be disabled. z If an individual does not have an impairment that meets or equals one of the listings or the duration requirement is not met, the adjudicator goes to Step 4. z However, before going from step three to step four, the individual’s residual functional capacity (RFC) is assessed. This RFC assessment is then used at both step four and step five.
STEP FOUR
4. Can the individual do any of his/her Past Relevant Work?
At step 4 a function-by-function comparison of the individual’s RFC and past relevant work (PRW) is completed. If an individual retains the physical and mental capacity to perform any PRW, he/she Is found not disabled. If no PRW can be done, or the individual has no relevant work, the adjudicator goes to step five.
At this step SSA does not consider a claimant’s: – Age; – Education; – Body Habitus; – Employability; or – Whether PRW exists in significant numbers in the national economy.
STEP 4 HAS TWO PARTS
A--Does the individual retain the capacity to perform PRW as he or she actually performed it? z
B--Does the individual retain the capacity to perform PRW as generally performed in the national economy?
WHAT IS PAST RELEVANT WORK?
Three-part test. The work must have been:
Substantial Gainful Activity (SGA);
Performed in the fifteen year relevant period; and
Performed long enough to learn it (reach average performance).
PRW vs. RFC
Ability to Perform PRW Always Overcomes RFC Limitations/Restrictions. No matter how restrictive the limitations or restrictions of an RFC/MRFC are, an individual will always be found not disabled at Step 4 if the RFC does not preclude the performance of any PRW as the individual has described it.
THE BURDEN OF PROOF IS AN INDIVIDUAL’S THROUGH STEP 4
An individual is responsible for submitting evidence showing that he or she has an impairment which prevents the performance of past relevant work. If this is shown at step 4, the adjudicator goes to step
5.
STEP FIVE
5: Can the individual make an adjustment to any other work?
At step 5 the “burden of proof” shifts to SSA to show that work, other than what the individual performed in the past, exists in significant numbers in the national economy that he or she can make an adjustment to, considering the limiting effects of the individual's impairment, age, education, and work experience.
THE SPECIAL MEDICAL-VOCATIONAL PROFILES
At step 5, the adjudicator first considers the Special MedicalVocational Profiles. These Profiles are specific combinations of severity and the vocational factors of age, education and work experience. In essence, the Special Medical-Vocational Profiles are exceptions to the Medical-Vocational Guidelines. If the criteria of a profile is met, an individual is found to be disabled without any further evaluation. If no profile is met, then the adjudicator goes on to consider the Medical-Vocational Guidelines (“The Grids”).
Copyright © 2023 Disability Advocates - All Rights Reserved.
Powered by GoDaddy Website Builder
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.