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The Sequential Evaluation Process Apply SEEP to the following fact scenario. Analyze whether the claimant can win disability. If you say he can win at the earlier step, you must still continue to analyze the later steps as well. If you say he does not meet the requirements for disability explain what will be needed to have him meet the requirements. Johnny Superior is 58 years old and has attempted the 8th grade twice, but failed each time. He has worked full-time since he was 18 years old for the same employer. He was hired as a janitor. Later, he was promoted to custodial maintenance worker.
Then he became custodial maintenance shift supervisor. In all his Jobs, he performed the following janitorial duties: operate heavy machinery to buff and polish store, clean bathrooms, take out trash, dust, clean displays, clean registers, change light bulbs. As a custodial maintenance worker he did the previous duties plus he had to provide basic maintenance like unclogging sinks and toilets, and troubleshooting basic issues with store machinery. As custodial maintenance shift supervisor he assisted the custodial maintenance manager with training new hires and setting the schedule for the two other Janitors.
He would review the work of the Janitors who would clean the store on his shifts. In all his Jobs, he was standing, walking, and moving about over 75% of his work hours. He would lift and carry up to 25 pounds frequently and 50 pounds occasionally. He injured himself while at home. He had climbed on his home’s rooftop clean the gutters. A strong wind blew him off the roof and in a tragic accident; he crushed his legs and injured his back. His LA-SO disc is burst and is now compressing n his nerve root. The pain is both localized at his waistline, but also radiates painfully down both legs.
He feels intense pain in his legs. The doctor had to amputate his right leg from Just below the knee due to an uncontrollable MRS. infection. His left foot was amputated due to gangrene. He has prosthetics for both lower extremities. He is still unable to use the prosthetic leg, because it still does not fit well, despite the doctor’s best efforts. He stopped working on March 1, 2013, the day of his injury. He has been working at his brother’s lawn mower repair shop. He classical comes and goes as he is able and is always paid $320 a week, regardless of how much time he spends at work.
He has collected 26 weeks of Unemployment Insurance Benefits and was approved for Medicaid Disability with a $5,000 deductible every six months. He did not get Worker’s Compensation and has been denied Long Term Disability by his private insurer. S 404. 1520. Evaluation of disability in general. This section explains the five-step sequential evaluation process we use to decide whether you are disabled, as defined in S 404. 1505. Step 1: Is the individual working above SAGA level? In the first step, we consider an individual’s work activity, if any.
SAGA stands for Substantial Gainful Activity and the amount changes each year. For 2009 it is $980 for the non-blind and $1640 for the blind. If an individual is working and his or her earnings average more than the SAGA limit a month, then he or she is found not disabled. If an individual is not working or APIPA Assignment 5 By Tetracycline his or her earnings are less than SAGA, the adjudicator goes to step two. Step 2: Is the individual’s physical and/or mental condition severe? At the second tepee, we consider the medical severity of an individual’s impairment(s).
An individual must have a medically determinable physical or mental impairment (or a combination of impairments) that is severe and meets the duration requirement. To be severe an impairment or impairments must interfere with basic work-related activities. To meet the duration requirement the impairment(s) must be expected to last twelve months or to result in death If the impairment(s) are not severe or do not meet the duration requirement, the individual is found not disabled. If the impairment(s) are severe and meet the duration requirement, the adjudicator goes to question three.
Step 3: Does the individual’s medical condition meet or equal the severity of a Listing? At the third step, we also consider the medical severity of an individual’s impairment(s). AS maintains a listing of medical criteria that are considered to be so severe that an individual is found to be disabled if his or her medically determinable physical or mental impairment(s) matches them. An individual’s impairment(s) can be found to meet the listed criteria exactly or to be of equal verity. If an individual has an impairment that meets or equals one of the listings and meets the duration requirement, he or she is found to be disabled.
If an individual does not have an impairment that meets or equals one of the listings or the duration requirement is not met, the adjudicator goes to Step 4. However, before going from step three to step four, the individual’s residual functional capacity (RFC) is assessed. This RFC assessment is then used at both step four and step five. Step 4: Can the individual do any of his/her Past Relevant Work? At step 4 a function- by-function comparison of the individual’s RFC and past relevant work (PRO) is completed.
If an individual retains the physical and mental capacity to perform any PRO, he/she Is found not disabled. If no PRO can be done, or the individual has no relevant work, the adjudicator goes to step five. Step 5: Can the individual make an adjustment to any other work? At the fifth and last step, an individual’s RFC and age, education, and work experience are considered to see if he/she can make an adjustment to other work. If an individual can make an adjustment to other work, he or she is found to be not disabled. If an individual can not make an adjustment to other work, he or she is found to be disabled.
In Steps 4 and 5, an individual shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific Job vacancy exists for him, or whether he would be hired if he applied for work.
For purposes of the preceding sentence (with respect to any individual), “work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country.