Comment from Camp, David, Access Disability, LLC

A step 5 analysis is a question of whether the claimant “can adjust to any other work.” 20 C.F.R. sec. 404.1560(c)(1). A step 5 analysis includes consideration of the nature and extent of past work history, which is a fundamental to an analysis of the claimant’s capacity to adjust to a new work setting. The regulations provide that SSA will “look at [the claimant’s] ability to adjust to other work by considering [the claimant’s] residual functional capacity and [the claimant’s] vocational factors of age, education, and work experience.” Id. How can an adjudicator determine what a claimant can adjust to without knowing what the claimant is adjusting from. There should be very few, if any, claims where it is proper to reach a step 5 finding without consideration of the nature and extent of past work. Certainly, a grid rule cannot be analyzed without an understanding of whether the possibly skilled past work was done long enough to acquire the skill. All proper hypothetical questions to vocational experts include consideration of the claimant's past work. If such information is not available, an expert or an adjudicator cannot accurately reach a conclusion as to the claimant's ability to adjust occupationally. Step 4 and step 5 both require the same information. If PRW cannot be determined, adjustment cannot be determined.