


The first issue to be addressed at any SSDI hearing is whether the insured status requirements of the Social Security Act are met. Generally, you must have worked for five of the past ten years to be eligible for SSDI benefits. The SSA calls the last date you are eligible for benefits your "Date Last Insured". To be entitled to benefits, you must prove to the ALJ that you were disabled before your Date Last Insured.
After the eligibility issue is addressed, the ALJ will begin an established five step sequential evaluation process for determining whether you are disabled. The steps are followed in order, and if it is determined that you are not disabled at any step of the process, the evaluation will not go on to the next step.
At Step One, the ALJ must determine whether you are engaging in "substantial gainful activity" (SGA), which is defined as work activity that involves doing significant physical or mental activities. If you have engaged in SGA, you will not be found disabled regardless of how severe your physical or mental impairments are, and regardless of your age, education and work experience. If you are not engaging in SGA, the analysis proceeds to the next step.
At Step Two, the ALJ must determine whether you have a medically determinable impairment that is "severe". An impairment is considered "severe" if it significantly limits your ability to perform basic work activities. An impairment is "not severe" when medical and other evidence establish only a slight abnormality that would have no more than a minimal effect on your ability to work. If the ALJ determines you have a severe impairment, the analysis proceeds to the next step.
At Step Three, the ALJ must determine whether your impairment is of such severity as to meet, or medically equal, an Adult Listing of Impairments. If your impairment, or combination of impairments, is of such severity as to meet a Listing you will be found disabled and the sequential evaluation process will stop. Even if you do not meet a Listing, the analysis will go on to steps four and five for vocational consideration.
Before considering Step Four, the ALJ will make a determination on your Residual Functional Capacity (RFC). Your RFC is your ability to do physical and mental work activities on a sustained basis despite limitations from your impairments. In making this finding, the ALJ will consider all of your impairments, including those which are not severe. This is based on your testimony, but also takes into consideration any limitations assigned by your treating physicians as well as any documentation in the medical records regarding your ability to do work related activities. This information will be combined with your age, education and work history to make a determination at steps four and five.
At Step Four, the ALJ will determine whether you have the RFC to perform the requirements of your past relevant work. Past relevant work means work performed in the past fifteen years, either as you performed it, or as it is performed in the national economy. If the ALJ finds that you can [perform your past relevant work, you will be found not disabled. If you can not perform your past relevant work, the analysis proceeds to the fifth and final step.
Before considering Step Five, the ALJ will seek guidance from the Medical Vocational Guidelines (GRIDS) to determine whether you can perform any other work based on your age, education and work history. If the GRIDs so direct, the ALJ will most likely stop the evaluation process at this pint and find you to be disabled. Even if the GRIDs recommend a finding of "not disabled", the ALJ will proceed to the fifth step.
At Step Five, the ALJ will determine whether you are able to do any other work in the regional or national economy given your residual functional capacity, age, education, and past relevant work. Although you continue to have the overall burden of proving disability, the ALJ is responsible at this step for providing evidence that demonstrates other work exists in significant numbers in the national economy that you can perform. To meet this responsibility, the ALJ will most likely call a vocational expert to testify about what work is available in the national economy and whether you would be capable of performing that work given your residual functional capacity, age, education, and past relevant work. If the ALJ finds that you can perform other work, you will be found not disabled. If the ALJ finds that you can not perform other work, you will be found disabled at this fifth and final step.
At Step One, the ALJ must determine whether you are engaging in "substantial gainful activity" (SGA), which is defined as work activity that involves doing significant physical or mental activities. If you have engaged in SGA, you will not be found disabled regardless of how severe your physical or mental impairments are, and regardless of your age, education and work experience. If you are not engaging in SGA, the analysis proceeds to the next step.
At Step Two, the ALJ must determine whether you have a medically determinable impairment that is "severe". An impairment is considered "severe" if it significantly limits your ability to perform basic work activities. An impairment is "not severe" when medical and other evidence establish only a slight abnormality that would have no more than a minimal effect on your ability to work. If the ALJ determines you have a severe impairment, the analysis proceeds to the next step.
At Step Three, the ALJ must determine whether your impairment is of such severity as to meet, or medically equal, an Adult Listing of Impairments. If your impairment, or combination of impairments, is of such severity as to meet a Listing you will be found disabled and the sequential evaluation process will stop. Even if you do not meet a Listing, the analysis will go on to steps four and five for vocational consideration.
Before considering Step Four, the ALJ will make a determination on your Residual Functional Capacity (RFC). Your RFC is your ability to do physical and mental work activities on a sustained basis despite limitations from your impairments. In making this finding, the ALJ will consider all of your impairments, including those which are not severe. This is based on your testimony, but also takes into consideration any limitations assigned by your treating physicians as well as any documentation in the medical records regarding your ability to do work related activities. This information will be combined with your age, education and work history to make a determination at steps four and five.
At Step Four, the ALJ will determine whether you have the RFC to perform the requirements of your past relevant work. Past relevant work means work performed in the past fifteen years, either as you performed it, or as it is performed in the national economy. If the ALJ finds that you can [perform your past relevant work, you will be found not disabled. If you can not perform your past relevant work, the analysis proceeds to the fifth and final step.
Before considering Step Five, the ALJ will seek guidance from the Medical Vocational Guidelines (GRIDS) to determine whether you can perform any other work based on your age, education and work history. If the GRIDs so direct, the ALJ will most likely stop the evaluation process at this pint and find you to be disabled. Even if the GRIDs recommend a finding of "not disabled", the ALJ will proceed to the fifth step.
At Step Five, the ALJ will determine whether you are able to do any other work in the regional or national economy given your residual functional capacity, age, education, and past relevant work. Although you continue to have the overall burden of proving disability, the ALJ is responsible at this step for providing evidence that demonstrates other work exists in significant numbers in the national economy that you can perform. To meet this responsibility, the ALJ will most likely call a vocational expert to testify about what work is available in the national economy and whether you would be capable of performing that work given your residual functional capacity, age, education, and past relevant work. If the ALJ finds that you can perform other work, you will be found not disabled. If the ALJ finds that you can not perform other work, you will be found disabled at this fifth and final step.


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