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SOCIAL SECURITY & OUTDATED JOB DATA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  So, at best, it is almost more than 30 years out of date.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.\
__________
Labels:

Comments

Post a Comment

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. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more