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SOCIAL SECURITY'S VOCATIONAL EXPERT DENIED MY CASE BASED ON......WHAT?

I represented a 51 year-old woman at a Social Security disability hearing.  Upon examination by the administrative law judge (ALJ), the lady testified to herniated discs in her neck and back and swelling in her lower extremities that prevent long term standing or walking.  

The judge felt that my client would be limited to sedentary work requiring sitting up to 6 hours per day but requiring no more than 2 hours per day of standing and/or walking.  In other words, he restricted her to sedentary work.

The judge asked the government's vocational expert (VE) if any jobs existed in the US economy that my client could still perform.  Of course, the VE found 3 jobs, as examples--all at the Sedentary exertion level and with an SVP of 2--unskilled. 

 One of those jobs was that of a   Document preparer, microfilming, DOT Code 249.587-018.  The expert testified that there are approximately 63,000 of those jobs  in the US economy.

In the federal district court case Zacharopoulos v. Saul, No. 19-CV-5075, 2021 WL 235630, at *8 (E.D.N.Y. Jan. 25, 2021).  The court found that that the job of "Document Preparer - Microfilm" does not exist in substantial numbers in the United States.  The Zacharopoulos court found--in summary:

  • That the technology underlying such a career is rapidly descending into obsolescence can be readily demonstrated: at this writing, a growing number of Americans are unacquainted with “microfilming,” “rubber stamps” and perhaps even “photocopying.” And while microfilm may still service some obscure, niche markets, in the digital economy, its trajectory resembles that of carbon paper and punch cards.

I was able to cite the above court finding to the ALJ.  I objected that the other sedentary jobs provided by the vocational expert were also obsolete and that an adequate or substantial number of those jobs no longer exist in the US economy.

When the hearing judge issued our decision, he found that my client was disabled because "there are no jobs in the national economy that the claimant can still perform...."  Thus, the claimant received a fully favorable decision with full disability benefits.

The claimant is usually powerless to argue against the government's vocational experts. That puts him/her at a disadvantage and may result in a denial of benefits.  This is very common.

Other obsolete jobs still listed in the Dictionary of Occupational Titles or DOT--that Social Security uses to deny claims include:

  • Addresser, DOT Code 209.587-010, Addresses by hand or typewriter, envelopes, cards, advertising literature, packages, and similar items for mailing.
  •  Cutter-and-paster, press clippings, DOT Code 249.587-014
  •  Surveillance-system monitor, DOT Code 379.367-010

The Surveillance Systems Monitor job, as described in the DOT, describes "government service" jobs in US ports of entry and airports.  After the events of 9-11, those jobs were taken over by the Department of Homeland Security and are no longer unskilled jobs.  They are also not sedentary.  After I finished cross examining one vocational witness at a hearing, she responded:  "Boy, I will never use that job again in a hearing!"

The moral of the lesson is this:  Go to your disability hearing prepared to challenge the government's expert witness when he/she cites obsolete jobs that may deny your claim.  If you aren't proficient at doing this, take an attorney or advocate who is.  You only get one hearing and you have to do it right.  Otherwise, it costs you a lot of money and a lot of wasted time.  

 
______________
Charles W. Forsythe, The Forsythe Firm, Huntsville, AL.  We practice Social Security law and nothing else.  Free consultations.  No fee unless you are approved.  (256) 799-0297.
 

 

 

 

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