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Dan Wimmer, Social Security Disability Attorney

The Five-Step Evaluation

How Social Security Decides Your Claim

Every disability claim runs through the same five-step sequential evaluation. Knowing how it works helps you understand why evidence matters and where claims are won or lost.

  1. Step 1: Are you working?

    If you earn above the monthly "substantial gainful activity" limit, the claim is denied here. If not, it moves on.

  2. Step 2: Is your condition "severe"?

    It must seriously limit basic work activities and either last (or be expected to last) at least twelve months, or be expected to result in death. Minor or short-term conditions do not qualify.

  3. Step 3: Does your condition meet or equal a listing?

    Social Security keeps a "Listing of Impairments." Meet or equal one and you are found disabled. If not, it moves on.

  4. Step 4: Can you do your past work?

    Social Security weighs what you can still do against your relevant past work, generally from the preceding five years. If you can do one of those jobs, the claim is denied.

  5. Step 5: Can you do any other work?

    Given your age, education, and limitations, is there other work you could do? If not, you are found disabled. Age and skills matter most here.

At almost every step, the outcome turns on medical evidence and how clearly your limitations are documented. That is where having an attorney makes a difference. See how we work or request a free consultation.

Talk with Dan about your claim

Every consultation is free, and there is no obligation. You pay no attorney fee unless your claim is won. Most of what we need can be handled over the phone.

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