Skip to main content

SOCIAL SECURITY USES ANCIENT DATA TO DENY CLAIMS

 

SOCIAL SECURITY & OUTDATED JOB DATA

Before approving your disability claim, Social Security must decide whether there are any jobs in America that you might still be able to perform.

To get job information, Social Security relies on The Dictionary of Occupational Titles (DOT) and other sources.

At the final decision-making step, Social Security must decide whether the claimant can perform even unskilled sedentary or "sit-down" type of work.  If so, they must deny the claim.

This is where it gets really frustrating.  There are several  sedentary (sit-down) jobs in the DOT that no longer exist.

The DOT was written in the 1930s during the Great Depression.  It was last updated around 1990.  So, at best, it is almost more than 30 years out of date.

Here is an example of a job in the DOT that no longer exists: Telegraph-service rater, DOT Code 214.587-010.  It's a real job according to the DOT.

However, the last telegraph in the United States was sent on July 14, 2006, almost 20 years ago! After that, Western Union closed its telegraph operations forever.

It's important that a claimant who goes to a hearing have a representative who can cross examine the vocational expert about his or her testimony concerning jobs that may exist in the national economy.  It is the attorney or representative's job to point out flaws in the DOT and mitigate the vocational expert's testimony.  The case very well may hinge on it; in fact, it usually does.\
__________

Comments

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...

IS IT HARD TO GET SOCIAL SECURITY DISABILITY IN TENNESSEE?

  How hard is it to get Social Security disability (SSDI) in Tennessee? It can be very difficult.  In the beginning stages of the process, it seems like the agency is out to deny as many claims as possible.  Later--in the appeals process--it takes more technical and legal skill to move through the labyrinth of obstacles. What's the usual reason for an SSDI denial? If you look at all the denial letters, the most comm on reason given is:  You are not disabled according to our rules. The 2 main explanation for finding claimants not disabled are: 1.  You are able to perform some of your past relevant work. 2.  You can't perform any of your past work but you are able to do other work. Those are the two "catch all" reasons Social Security gives for nearly all of their denials.  Both of these reasons fall into the category of a medical denial .  The claimant's condition is not deemed severe enough to prevent all work. There are other reasons for d...

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...