EXPLAIN MY SOCIAL SECURITY DENIAL

Understanding why you were denied disability benefits is a good way to know what do to next and how to get paid.

While Social Security can deny a claim at any of the 5 sequential steps, denials are more common at Step 4 and Step 5.  So, these are the steps I want to discuss here.

STEP 4 DENIAL.  Your letter will ready something like this:  "We find that you are not entitled to disability benefits.  This is because you are not disabled according to our rules.  You state that you cannot work because of (list of impairments); however, we have determined that you can perform some of your past relevant work."

A Step 4 denial simply means that the decision maker believes you are able to return to one of the types of jobs you have held during the past 15 years.  Even if you can't perform the exact job, they believe you can perform the job as it is customarily performed in the national economy.  For example, let's say you once worked as a cashier in a convenience store.  Once or twice a week you also had to help unload a delivery truck, which was much harder work.  You may not be able to perform that exact job any more because of unloading the truck; however, Social Security will argue that you could work as a cashier in a place that did not require unloading trucks.  So, Step 4 says you can return to some of your work you did in the past.

STEP 5 DENIALS acknowledge that you cannot perform any of your past jobs.  They look at all the full-time jobs you've held during the past 15 years and say, "No--all those jobs are beyond your capacity.  Can't do those any more."  However, Social Security will argue that there is other work in the national economy that you could do, even with your present impairments.  Your past jobs may have been in the medium exertion level, for instance, that required lifting up to 50 pounds.  You can no longer do medium level work.  However, they will here argue that you could do light or sedentary work.  Light work requires lifting no more than 20 pounds occasionally.  Sedentary work requires lifting no more than 10 pounds occasionally.  So, perhaps you can't be a construction worker any longer but you could be a laundry sorter, ticket taker or garment tagger.  So, you would be denied on the theory that there is some work in the US economy that you could perform.

THE SOLUTION?  Appeal and ask to appear at a hearing.  Have your attorney or representative prepare a medical case that shows you are not able to perform even light or sedentary jobs.  This will involve a careful and detailed analysis of your medical records, getting any new evidence available, obtaining a source statement from your treating doctor(s) and preparing to question Social Security's vocational expert that the hearing.  Unless you really know Social Security law and are skilled at making legal arguments, this is not something you want to attempt by yourself. 

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