Disability claimants over the age of 55 who are unable to perform their past relevant work and are limited to Light exertional work (or less) will be found disabled at step 5 in the absence of readily transferable skills (and in the absence of recent education providing direct entry to skilled work), by operation of
Transferable Skills from the job of Cook
Cooking in a commercial kitchen is a demanding job. You are constantly on your feet, using your hands frequently, and lifting and carrying stuff around the kitchen. The Dictionary of Occupational Titles characterizes the job of “Cook” as a Medium exertional, skilled job. That means that if the person seeking benefits is no longer able
2021 Waterfall Chart
SSA has released the “waterfall” chart for fiscal year 2021.
The chart show what percentage of disability claims were granted and denied nationwide at each level of review:
- 36% were granted after an initial review of the application. That’s a bit more than 1 out of 3.
- Just 13% of the claims appealed were granted
SSA Field Offices Reopen on Thursday
Starting Thursday, April 7, the Social Security Administration will restore in-person services, including for “walk-ins” who do not have appointments, in their field offices.
This is great news for the general public.
Advance Designation of Representative Payee (Form SSA-4547)
Social Security has begun sending out Form SSA-4547, Advance Designation of Representative Payee, to certain disability claimants. I got a call last week from a client who received the form in the mail, and inferred that her Title II disability claim must have been granted at Reconsideration. But no. Her claim is still pending
Get access to your client’s Patient Portal
Almost all the hospital groups now have patient portals, which give patients online access to their medical records, test results, upcoming appointments, and more.
When developing a disability claim, I find that I am asking clients more and more frequently to provide me with the user name and password for their patient portal account.
Ask for a copy of the Disability Determination Explanation
Those seeking Social Security disability benefits often contact a lawyer after they receive a notice of disapproved claim in the mail. That denial letter offers some explanation of why the claim was disapproved, but it is often too vague to be much help to the lawyer developing the claim.
After an appeal of that initial
SSA’s Workplace Support Units
Lately Social Security has been sending initial disability claims filed online to a Workplace Support Unit (WSU), instead of the local field office. There are several of these WSUs around the country, set up to do overflow work. I have had initial claims filed online sent to various WSUs, including Boston, Tampa, and Birmingham.
Once
Transferable skills – supervisory, managerial, clerical or administrative work
When a claimant is a “working supervisor,” such as a lead carpenter on a construction site, Social Security may have additional questions about that supervisory, managerial, clerical or administrative work:
- What was the nature and extent of claimant’s supervision?
- Did claimant actually do the work or just oversee?
- If did the work, what percentage of
Transferable Skills
Transferable skills are getting attention across the board in Social Security disability claims. I am particularly seeing transferable skills analyzed more frequently in DDS determinations.
At the DDS level, transferable skills are assessed with reference to POMS DI 25015.017
The POMS treatment of transferable skills is a great starting point for your review. If the concept of transferable skills is new to you, or you need a refresher, read the POMS section on transferable skills first. At the hearing level, see Social Security Ruling 82-41.Continue Reading Transferable Skills