RATIONAL DISABILITY DECISIONS

Social Security uses a 5-step sequential process to determine whether you are disabled.  Those 5 steps are governed by rules and regulations (thousands of them).  The point is, we know what is required at each step.  Therefore, we should know how to prepare for each step to get a favorable decision.  That's what I mean by "rational disability decisions."

 The crucial steps are steps 4 and 5, I believe.  At step 4 you must prove that you cannot do any of your past relevant work.  That's any of the work you performed during the past 15 year period.  The work is "relevant" if you performed it at "substantial gainful activity," and if you did it long enough to know how to perform the work.

 At step 5, Social Security must show that there is "other work" which you could do.  Notice the burden of proof shifts in step 5 and SSA carries the burden.  You do not have to show that there is no work you can do, SSA has to show that there is work you can do.  In most cases this will come down to whether or not you can perform sedentary work, which is not very physically demanding and which can be done mostly from a seated position.  Some examples of sedentary work would be

  • receptionist
  • bookkeeper
  • ticket seller at the movies
  • garage parking attendant
  • bench assembly of small parts
  • order clerk, etc.
Sedentary work requires the ability to sit for about 2 hours at a time or up to 6 hours in an 8 hour day, to occasionally lift and carry no more than 10 pounds and to stand or walk about 2 hours out of an 8 hour day.  Normal use of the hands and feet are required for most sedentary jobs.



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