Disability Doc

Questions: Will the requirement to document a 15 year work history be reduced to 5 or 10 years? What about the proposal to skip step 4 of sequential evaluation and go to step 5 instead?

Answers: Actuary figures project that a change to only 5 or 10 years of work history would cost five billion dollars over just five years. The 15 year work history requirement will remain. The requirement of completing step 4 prior to completing step 5 of sequential evaluation will remain, also due to the projected high costs that would be incurred if the proposed change were implemented.

Central Office (CO) emphasized that it is the claimant’s the burden of proof at step 4, and responsible for making evidence available to prove disability. If there is insufficient information to complete a vocational analysis, a determination should be made due to insufficient evidence of failure to cooperate. At step 5, the burden of proof shifts to the Commissioner to show other work the claimant can adjust to. A determination that does not proceed through all the steps of sequential evaluation is not defensible as a fully documented decision.