DIFFERENCE BETWEEN A STEP 4 AND STEP 5 DENIAL

Social Security uses a mandatory five step process to decide if a claimant is disabled under their rules.  We often hear the terms "Step 4 denial" or "Step 5 denial."  What do these terms mean?

A step 4 denial means that Social Security has determined that the claimant can perform the work activity of his or her past relevant work.  Past relevant work is work that you performed during the most recent 15 year period prior to filing your disability claim.  For example, if you worked as a welder, carpenter or electrical supply sales representative - and if you maintain the physical and mental abilities to perform any one of those past jobs, you will be found disabled at step 4.

Step 5 is used when you cannot perform any of your past relevant work.  let's assume that Social Security finds that you are not able to perform the work of welder, carpenter or electrical supply sales representative, which were your 3 past jobs.  Now, they must ask, "Is there any other work that exists in significant numbers in the US or regional economy that the claimant could perform?"  If there is "other work" that you could perform, you will be denied for disability benefits.  This is called a step 5 or "other work" denial.  Step 5 is where most claims fail.

Keep in mind, Social Security can only consider your ability to perform work activities based on your age, education, residual function capacity (what you can and cannot do physically and mentally) and past work experience.  They are not allowed to consider:
  • whether you can actually find a job
  • whether anyone will hire you
  • whether you want to do some other kind of work 
  • whether you can drive, get certified or have to relocate to find work.
Not all your past work is necessarily "past relevant work."  For example, past work would not be considered "past relevant work" if you did not perform it long enough to learn the job, it was performed only part time (less than substantial gainful activity), etc.  Generally, the less past relevant work you have the more likely it is that you can be approved for disability - all other things being equal.  If you have no past relevant work, or if you past relevant work was unskilled, you will be more likely to meet one of the Medical-Vocational Guidelines or grid rules for disability.

 It is extremely important when completing your Social Security disability application (and the Work History Report that goes along with it) that you fully explain each of your past jobs and the sitting, standing, lifting, walking, etc. requirements that went with each job. Having each prior job properly considered by Social Security can make all the difference in the outcome of your case.  I can't over-emphasize how important this is.

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