Each step must be determined in order. If you fail step 1, you do not go on to step 2, etc.
Here are the 5 steps in the consideration:
1. Are you now working at substantial gainful activity? (Are you earning at least $1,180 per month from work activity)? This is a 2018 number; the amount changes annually.
2. Do you have a serious and medically determinable impairment?
3. Do you meet one of Social Security's published listings? If so, you are approved here. If not, you go on step 4. At step 3, however, Social Security must determine what your residual functional limitation is. In other words, what type of work, if any, are you still capable of doing?
4. Are you able to perform any of your past relevant work (meaning, any of the jobs you did during the past 15 years)?
5. Finally, are there any jobs in the national economy that you can still perform? This question applies primarily to persons under age 55 (sometimes for persons under 50). Older workers probably won their case back at step 4.
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So, if you are working full-time you will lose at step 1. If you don't have a significant medical impairment, you lose at step 2. If you are still able to perform one of your past jobs, you lose at step 4. If you aren't able to perform any past work but could perform some other work, you lose at step 5.
Why is all this important? Because it tells you exactly what kind of chance you have. Also, it tells your attorney how to prepare and argue your case.
There are facts in your case that you can't change. As a friend of mine famously says, "It is what it is."
However, the one gray area that can be argued about is your residual functional capacity. How much, and what type, of work are you still able to do? What do the grid rules dictate in terms of a decision?
Your case will depend (win or lose) on what your functional limitations are.
For example, you can stand and walk at least 6 hours out of an 8 hour day and can lift up to 50 pounds occasionally. You may be able to perform medium exertion level work.
If you are limited to lifting no more than 10 pounds frequently and up to 20 pounds occasionally, you are limited to work in the light exertion level.
If you are unable to lift 10 pounds occasionally, you can still perform work at the sedentary level. Inability to lift even 10 pounds occasionally will prevent even sedentary work.
Lifting isn't the only thing considered. Among many other important factors will be your ability to sit, stand, walk, bend, reach, grasp, or hold with your hands.
Mental restrictions are also considered. You might be found disabled because you can't remember or carry out simple instructions, cannot concentrate or focus long enough to do a job, or have other psychological limitations that won't let you sustain even simple full-time work.
If you're trying to figure out if you have a winnable Social Security case, you may want to speak to an experienced attorney or advocate. Frankly, it's a little bit like putting together a complicated jig saw puzzle. There are so many pieces! Someone who has done this for a long time can give you a lot of guidance and may be able to help win your case.
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