Step 5

Transferable Skills

By Gordon Gates on February 14, 2022

Transferable skills are getting attention across the board in Social Security disability claims. I am particularly seeing transferable skills analyzed more frequently in DDS determinations.

At the DDS level, transferable skills are assessed with reference to POMS DI 25015.017

The POMS treatment of transferable skills is a great starting point for your review. If the concept of transferable skills is new to you, or you need a refresher, read the POMS section on transferable skills first. At the hearing level, see Social Security Ruling 82-41.Continue Reading Transferable Skills

Residual Functional Capacity

By Gordon Gates on January 31, 2022

Posted in Step 4, Step 5, Terms

Your Residual Functional Capacity (RFC) is the cornerstone of your Social Security disability claim. Unless you meet a listed impairment, the administration’s assessment of your RFC will determine the outcome of your disability claim.

The RFC is Social Security’s assessment of your abilities to do sustained physical and mental activities on a regular and…

You must be unable to do “other work” for disability

By Gordon Gates on August 12, 2012

Posted in 55+ years old, Step 5

Most Social Security disability are decided on a medical-vocational basis. To be awarded disability benefits, you first must be unable to perform your past relevant work. Additionally, you must be unable to do other work that exists in substantial numbers in the national economy. This is step 5 of Social Security’s 5-step sequential evaluation…

You are not disabled for these reasons

By Gordon Gates on June 20, 2012

Posted in Step 5

When I talk with clients and potential clients, I often hear stories about their inability to find work. Unfortunately, whether or not you can realistically get hired for a job is not a consideration for Social Security disability benefits. Instead, the SSA must find that you are unable to work before you will be awarded…

I can lift, but I can’t carry

By Gordon Gates on August 30, 2010

Posted in Step 5

The ability to lift and/or carry is one of the basic building blocks of a worker's Residual Functional Capacity (RFC). However, the focus is almost always on the lifting, and it shouldn't be.

I had a conversation recently with a client with leg problems due to neuropathy. I asked about lifting 20 pounds (required…

Borderline Age Situations

By Gordon Gates on August 23, 2010

Posted in Step 5, Terms

Social Security considers the age of the claimant at step 5 of the sequential evaluation. Age plays no role in steps 1 through 4.

Age is a vocational factor which dictates where you fall in the Medical-Vocational Guidelines, which are used to determine disability at step 5 for claimant’s who have physical impairments.…

A Regular and Continuing Basis

By Gordon Gates on July 5, 2010

Posted in Step 5, Tips

Social Security must evaluate a claimant's ability to work on a regular and continuing basis at steps 4 and 5 of the sequential evaluation. A "regular and continuing basis" means 8 hours a day, for 5 days a week, or an equivalent work schedule (essentially, full-time work). See Social Security Ruling 96-8p and POMS Section DI 24510.057…

Claimants age 55 and older

By Gordon Gates on June 16, 2010

Posted in Grids, Step 4, Step 5, Tips

The Social Security Administration has special rules for claimants age 55 and over. If you can no longer perform your past relevant work, then Social Security must take your age into account when considering whether or not you can do other work at step 5 of the sequential evaluation. This principle is embodied…

Education and Social Security Disability

By Gordon Gates on August 6, 2009

Posted in Step 5, Terms

At step 5 of the sequential evaluation process, Social Security considers four factors to determine whether or not you are disabled: your residual functional capacity, your age, your education, and your work experience. 20 C.F.R. 404.1520(a)(4)(v).

Social Security defines several educational levels. See 20 C.F.R. 404.1564.

Illiteracy. Illiteracy means the inability

…

More on Social Security Denial Explanations

By Gordon Gates on January 21, 2009

Posted in Case stories, Grids, Step 5, Tips

An error in the Explanation of Determination attached to your denial letter can present an opportunity for your Social Security disability attorney to practice some legal jujitsu. The error can be used to support an argument for reversal at the next stage of review. This argument is the most powerful when, but for the error in analysis…

Gordon GatesAttorney

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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