Katherine Lund
Unit 5 Assignment
PA350 Social Security and Disability Law
April 1, 2014
Step 1: Work Test-Is the claimant working and earning more than substantial gainful activity? Johnny Superton is working for his brother’s lawn mower shop and getting paid $320.00 per week which equals $1,376.00 per month. This is over the $1070.00 amount that Social Security has set in place for substantial gainful activity. Therefore, he would be denied benefits in step 1 of the SSA’s five step Sequential Evaluation Process for Determining Disability.

Step 2: Severity Test- Does the claimant have a severe impairment that significantly limits his or her ability to do basic work activities and that also meets the duration requirements? Johnny Superton does have a severe impairment that significantly limits his ability to do basic work activities. Because of his accident, the doctors had to amputate his right leg just below the knee due to an uncontrollable MRSA infection, amputate his left foot due to gangrene. Although he has prosthetics, he is unable to use them because they do not fit well. The injury occurred on March 1, 2013 which also means he is within the duration requirements.

Step 3: Medical Listing Test-Does the condition meet the SSA’s medical listings, or is the condition equal in severity to one found on the medical listings? Section 1.04 of the Disability Evaluation Under Social Security is disorders of the spine. In his accident Johnny’s L5-S1 disc burst and is now compressing on his nerve rood which is included under Section 1.04 (A) which is evidence of nerve root compression characterized by neuro-anatomic distribution of pain, limitation of motion of the spine, motor loss accompanied by sensory or reflex loss, and if there is involvement of the lower back, positive straight-leg raising test. Section 1.05 of the Disability Evaluation is amputation (due to any cause).

Step 4: Previous work test- Can a person with the claimant’s residual functional capacity perform any of the claimant’s past work? Due to the fact that all of Johnny’s past work involved being on his feet over 75% of the time as well as lifting and carrying 25 pounds and up to 50 pounds, he would not be able to perform any of his past work. Without one foot and his other leg, his spinal injury, and the fact that his prosthetics don’t fit right, he would not be able to perform the majority of tasks he was responsible for in the positions he previously held.

Step 5: Any work test- Can the claimant perform other types of work that exist in the national economy? There are many job that are available that do not involve being on your feet or heavy lifting. Therefore, I believe that there are other types of work that exist that Johnny would be able to do with his condition from his accident. To be eligible at this step Johnny would have to have something causing his to not be able to sit for periods of time as well as a lack of function in his arms.