Don’t Lose Your Social Security Case Because You Can’t Prove You Are Unable To Work At Step 5 Of The Social Security 5 Step Sequential Evaluation
When you apply for Social Security Disability benefits, the Social Security Administration uses a 5 step evaluation. More often than not, it is the 5th step that can make or break your claim for Social Security Disability benefits.
At Step 5 the Social Security Administration asks if there is any other work in the mythical national economy that you might be capable of doing in view of your age, education and transferable skills. If the ALJ determines that there is other work you are capable of doing, you’ll lose.
How Can I Prove That I’m Not Capable of Doing That Work?
Proving you can’t do other work starts with a Residual Functional Capacity form completed by your physician that outlines both your physical and psychiatric restrictions and limitations. The Residual Functional Capacity form should be supported by your medical records and your testimony in front of the Administrative Law Judge.
During the course of the Social Security hearing, the Judge will pose hypotheticals to the vocational evaluator about your restrictions and limitations and will specifically ask whether or not the skills you’ve learned at your former work would transfer to other work. For example, if you were a Nurse in the emergency room, a vocational evaluator might opine that your skills from that job could be taken to a Nurse Case Manager position.
However, if your skills are limited because of your restrictions and limitations, that could erode the transferability of those skills.
For example, if you, as a nurse have restrictions of sitting no more than 30 minutes, have to alternate sitting and standing at least once or twice an hour and would be off the task at least twenty percent of the time, any transferable skill would be destroyed.
What You Need To Do!
Establishing that you have no transferable skills is crucial to winning your Social Security Disability claim.
Having an experienced Social Security disability attorney on your side from the beginning through the hearing can assure that the appropriate medical and vocational evidence is developed and improve your chances of getting the disability benefits you deserve. Don’t delay! Call today at 727-894-3188 for your complimentary consultation.