Appeals Process
Step Four: The Decision


After the hearing, the ALJ evaluates the evidence in the case and issues a written decision. In evaluating the case, the ALJ must follow a five-step sequence:

  1. Is the claimant working?  If the claimant is engaging in “substantial gainful activity,” which is often determined by average monthly income from work, the ALJ will find the claimant not entitled to benefits.   Exception: If the claimant was unable to work for 12 or more consecutive months due to his or her impairments but has returned to work by the time of the hearing, the claimant may be eligible for a “closed period” of benefits – that is, a lump-sum payment of benefits for the period the claimant could not work.
  2. Does the claimant have a severe impairment?  A severe impairment has more than a minimal effect on the claimant’s ability to do basic work activities such as see, hear, speak, lift, carry, sit, stand, walk, concentrate, maintain a pace, or interact with others.  If a claimant has a severe impairment, the ALJ goes to step 3 of the process, if not, the ALJ will find the claimant not entitled to benefits.
  3. Do the claimant’s impairments meet or equal a Listing?  Social Security has set standards, called the Listing of Impairments, by which it rates certain impairments.   If the claimant’s impairments meet or equal a Listing, the ALJ will find the claimant disabled, if not, the ALJ will go to step 4 of the process.
  4. Can the claimant return to his or her past relevant work (PRW)? PRW is generally work done in the past 15 years. The ALJ determines whether the claimant can return to any PRW given the limitations imposed by his or her impairments.  It is up to the ALJ to determine what limitations are supported by the record in each claimant’s case.   If the ALJ find the claimant can return to PRW, the ALJ will deny the case; if the ALJ finds the claimant can’t return to PRW, the ALJ will go to step 5 of the process.
  5. Is there any other work available in the economy that the claimant can still do? To find a claimant not disabled, the ALJ must find that there are jobs the claimant can do.  If there are no jobs the claimant can do, he or she is disabled. Even if there are possible jobs the claimant can do, some claimants can, based upon their age (generally 50 and above), “grid out,” that is, be found disabled based upon SSA criteria known as “the grids.”   If the claimant does not grid out and the ALJ finds there are other jobs the claimant can do, the ALJ will find that claimant not disabled.

Back to Appeals Process
Back to Step Three: The Hearing
Go to Step Five: Appeals Council Review

Please call Schneider Caver Law Offices at (503) 255-9092 or 1-800-630-4SSD (4773) or email us at info@schneiderlaw.com to discuss your case.   Don’t delay, call us now!

* The information provided on this web site is general information only and is not legal advice.