Richmond Social Security Lawyer Explains Exceptions to the Five-Step Sequential Evaluation Process
Many Social Security disability claimants are unaware of the fact that there are actually three other ways in which they can be deemed disabled without having to go through the standard five-step sequential evaluation process. Any Richmond Social Security lawyer will tell you that if you meet the qualifications of one of three special medical-vocational profiles, you are will be deemed disabled without having to go to step five and without having to consult the Medical-Vocational Guidelines.
Profile number one finds a claimant disabled if he or she is 55 years of age or older; has a major medically-determinable impairment; has no prior relevant job experience; and has an 11th grade education or less. Profile number two (which is considered the “worn-out” worker profile) will find a claimant disabled if he or she has worked for 35 years doing hard, unskilled labor; is unable to perform the hard, unskilled labor that was done previously; and he or she has up to a 6th grade education. Profile number three finds a claimant disabled if he or she is 60 years old or older; he or she has worked for 30 years or more in a field that was either unskilled or semi-skilled or skilled with no transferable skills; he or she is not working at SGA levels; he or she can’t do prior work because of a major impairment; and he or she has a limited education.
Additionally, your Richmond Social Security lawyer will advise you that there are also two ways to be deemed not disabled despite the fact that the sequential disability evaluation process has been done and the Administration has deemed you to be disabled. More specifically, you will not be deemed disabled if you fail to follow the suggested treatment of your doctor without having a good reason and/or drug addiction or alcoholism has been shown to be a contributing factor that is material to the Administration’s determination of your disability.
If you are attempting to obtain Social Security disability benefits and you would like to learn more about how you might be able to qualify, you should speak with a Richmond Social Security lawyer as soon as possible. Please don’t hesitate to contact us for assistance with your claim.