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.
Step 5 is usually the most complicated step in a Social Security disability case.
It is also the one that we most frequently get to in the cases we take to hearing. At step 5, Social Security decides whether there is “other” work you can do. This includes the easiest, most unskilled work you can think of.
What is considered at Step 5?
If you are under age 50, Social Security takes your physical and mental restrictions that it decided you have in Step 4, and then looks to see if there is other work you can do. If you are over age 50, different rules apply, see below.
To decide if there is other work you can do, consider one of the jobs we run into a lot, and see if you think you can do it. This job is easy both physically and mentally.
Surveillance System Monitor
- It requires you to look at video monitors, and report any unusual activity in a place of business.
- The job allows you to sit and stand as needed.
- There’s no special training or education required to do this job.
- You don’t have to have much contact with other people.
This is the type of job we see repeatedly, and have to find ways to convince a judge that you cannot do it.
This can be a difficult job to overcome, but we comb through the medical evidence in our client’s cases, and try to get specific information from their doctor that will help us prove that they cannot do jobs like the one listed above.
What hard evidence do you think you have in your case that will convince a judge that you cannot do an easy job like this?
What if I am over 50?
If you are over 50 years old, Step 5 is applied a bit differently to your case.
Social Security considers:
- Your age
- Your education
- The physical requirements of your past work
and then looks to see if you can be found disabled under the Medical-Vocational Guidelines, popularly known as the “grids.” In general, the older you are, the easier it is to be found disabled under the grids.
Note that there is one grid rule that applies to people under 50, but to be found disabled, you have to be illiterate.
Bottom Line
Things that make it difficult to prove disability at step 5:
- You are under age 50
- You are highly educated
- You did easy work (not physically demanding)
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 4: Past Relevant 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)
- Things a Judge Will Not Consider at Your Disability Hearing
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