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
Welcome! This site is written for Social Security disability claimants, for their legal representatives, and for the network of people involved in the Social Security disability claim process. I hope you find it helpful.
Step 5
Transferable skills – supervisory, managerial, clerical or administrative work
By Gordon Gates on
Posted in Step 5, Vocational
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
By Gordon Gates on
Posted in Step 5, Vocational
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.…
Residual Functional Capacity
By Gordon Gates on
Your Residual Functional Capacity (RFC) is the cornerstone of your Social Security disability claim. Unless you meet a listed impairment, the administration’s assessment of your RFC will determine the outcome of your disability claim.
The RFC is Social Security’s assessment of your abilities to do sustained physical and mental activities on a regular and…
You must be unable to do “other work” for disability
By Gordon Gates on
Posted in 55+ years old, Step 5
Most Social Security disability are decided on a medical-vocational basis. To be awarded disability benefits, you first must be unable to perform your past relevant work. Additionally, you must be unable to do other work that exists in substantial numbers in the national economy. This is step 5 of Social Security's 5-step sequential evaluation.
I…
You are not disabled for these reasons
By Gordon Gates on
Posted in Step 5
When I talk with clients and potential clients, I often hear stories about their inability to find work. Unfortunately, whether or not you can realistically get hired for a job is not a consideration for Social Security disability benefits. Instead, the SSA must find that you are unable to work before you will be awarded…
I can lift, but I can’t carry
By Gordon Gates on
Posted in Step 5
The ability to lift and/or carry is one of the basic building blocks of a worker's Residual Functional Capacity (RFC). However, the focus is almost always on the lifting, and it shouldn't be.
I had a conversation recently with a client with leg problems due to neuropathy. I asked about lifting 20 pounds (required…
Borderline Age Situations
By Gordon Gates on
Social Security considers the age of the claimant at step 5 of the sequential evaluation. Age plays no role in steps 1 through 4.
Age is a vocational factor which dictates where you fall in the Medical-Vocational Guidelines, which are used to determine disability at step 5 for claimant’s who have physical impairments.
A Regular and Continuing Basis
By Gordon Gates on
Social Security must evaluate a claimant's ability to work on a regular and continuing basis at steps 4 and 5 of the sequential evaluation. A "regular and continuing basis" means 8 hours a day, for 5 days a week, or an equivalent work schedule (essentially, full-time work). See Social Security Ruling 96-8p and POMS Section DI 24510.057…
Claimants age 55 and older
By Gordon Gates on
The Social Security Administration has special rules for claimants age 55 and over. If you can no longer perform your past relevant work, then Social Security must take your age into account when considering whether or not you can do other work at step 5 of the sequential evaluation. This principle is embodied…