Please keep in mind that a lot of the terms used by Social Security to determine disability have specific legal meanings and probably don’t mean what you think they do.
Assuming that you do not meet or equal a listed impairment at step 3, Social Security next decides whether or not you can do work that you have done before.
If Social Security decides that you can do your past work, they will find you not disabled.
To prove that you cannot do your past relevant work, you must be able to show that you cannot do any work that you have done in the past 15 years.
For work to qualify as “past relevant work” you must have:
- earned SGA at the work (SGA changes over time, so it is the SGA level that was in place at the time you did the work)
- done the work long enough to have learned how to do it (this is a bit complicated for a blog post, but just know that SSA has some resources it uses to determine this)
So, you may not have any “past relevant work” if you did not work at any job for very long, or if you have not worked for more than 15 years, or have never worked.
Proving You Can’t Do Your Past Relevant Work
After deciding what your past relevant work is, Social Security takes a closer look at that work and decides if you can still do any of it.
- SSA looks at what it thinks your physical and/or mental restrictions are, and then determines if you can do your past work.
- It doesn’t matter if that job or the employer no longer exists.
- As with all legal matters, to know that you can’t do your past work is one thing, but to prove it can be difficult.
- Essentially, to show that you cannot do your past work, you have to take your easiest job (both physically and mentally) and then figure out why you cannot still do that kind of work.
One interesting thing to note about the way Social Security analyzes cases at step 4 is that it not only looks at they way you performed your job, but also how it is “ordinarily done.” — If you can still do the job either as you did it or as it is usually done, you will be found not disabled.
Bottom Line
If you had an easy job in the past 15 years that you can still do, then you will not qualify for Social Security disability benefits.
Once you are found unable to perform your past work, or if you do not have any past work for Social Security to consider, the analysis moves on to step 5.
The 5-step process:
Step 1: Are you earning SGA?
Step 2: Has your condition lasted long enough?
Step 3: Do you meet or equal a listed impairment?
Step 4: Can you do your past work?
Step 5: Can you do other work?
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This blog provides general information. Do not mistake it for legal advice. Please read our disclaimer.
Related posts:
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 5: Other Work)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 2: Severity & Duration)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 1: SGA)
- What Is the Five-step Process That Social Security Uses to Decide Disability Claims? (Part 3: The Listing of Impairments)
- Can I work while I am applying for benefits?
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