There is a good article in the January 2024 issue of The Forum (NOSSCR’s monthly newsletter to its members) by North Carolina disability lawyer George Piemonte regarding cross-examination of the vocational expert at hearing regarding obselete jobs listed in the Dictionary of Occupational Titles (DOT). It is reprinted below:
Many times, the VE will list
Social Security has added Initial and Reconsideration cases to its status report in Electronic Records Express (ERE).
Here is a screenshot:
The status report now allows a Representative to quickly determine whether or not they have been associated with a particular client’s disability claim file. Previously, we would have to try to access the claimant’s
A hearing with an administrative law judge (ALJ) to determine medical eligibility for Social Security disability benefits usually follows a pattern: opening remarks by the judge and then the claimant’s lawyer, the claimant’s testimony, and then testimony of a vocational witness regarding the claimant’s past relevant work, and whether or not various functional limitations would
New evidence for Social Security claims must be submitted 5 business days ahead of the hearing. See 20 CFR 404.935(a) and HALLEX I-2-5-13. With a typical weekend, that’s 7 days ahead of the hearing. Holidays, which are of course not business days, must be accounted for as well. So beware the 3-day holiday weekend.
Substantial Gainful Activity (SGA) is the amount of money that one can earn and still qualify for Social Security disability benefits. The amount is adjusted each year for inflation, as shown by this table. In 2023, the amount is $1,470. For 2024, the SGA amount goes up to $1,550.
The SGA amount is important
If you have monthly earnings above the level of substantial gainful activity, it is problematic for your disability or SSI claim.
For 2023, the SGA amount is $1,470. Earnings over that monthly amount can present real challeges to receiving benefits. Depending upon the circumstances, you can be denied benefits or the benefits you receive
Once you have ruled out your ability to perform your past relevant work at Step 4 of Social Security’s sequential disability evaluation, then at Step 5 of the evaluation Social Security considers your ability to transition to other work, that is less demanding physically or mentally (or perhaps both).
The Step 5 stage
Social Security has published a proposed rule that shortens the lookback period for past relevant work (PRW) from the current 15 years to a 5 year period. The proposed rule would recognize that claimants often do not remember the details of a job held 15 years ago. Further, that past job has limited relevance to
One thing I really don’t like about
NOSSCR developed a “Hearing Format Election Statement,” which is an excellent one-page, fillable form that contains all four types of hearing modalities (in-person, VTC from the hearing office, telephone, and online video) and allows for a simple way to notify the hearing office of how the claimant wants to appear at their hearing.
Using NOSSCR’s