One of the most frequent limitations assessed by Social Security due to a claimant’s mental health symptoms is a limitation to simple tasks. That limitation alone is not disabling, by any means. But it can have a significant effect on a disability claim when combined with physical limitations. For claimants over the age of
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Step 5
SSA issues two new Emergency Messages regarding certain occupations at Step 5
By Gordon Gates on
Posted in Step 5, Vocational
Social Security released EM-24026, entitled: Isolated Occupations We Will Not Use to Support a “Not Disabled” Finding at Step Five of the Sequential Evaluation Process and EM-24027, entitled: Guidance Regarding the Citation of Certain Occupations at Step Five of the Sequential Evaluation Process.
These two Emergency Messages are steps toward addressing the…
5-year period for PRW now in effect
By Gordon Gates on
The new 5-year period for past relevant work (PRW) becomes effective today. New DDS determinations and ALJ decisions will only evaluate 5 years of past work. The 5 years runs from the date of adjudication (or the date last insured, if earlier). See 20 C.F.R. 404.1565(a) and Ruling 24-2p.
In the world of Social…
VE Cross for Obsolete Jobs
By Gordon Gates on
Posted in Step 5, Vocational
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…
Over age 55 – an easy way and a hard way.
By Gordon Gates on
Posted in 55+ years old, Step 5
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…
Transferability of Skills – Summary
By Gordon Gates on
Posted in Step 5, Vocational
A series of recent posts here on the blog have taken a closer look at transferability of acquired job skills.
Transferability of skills is an issue when all four of the following are true:
1. Transferability is material to the determination;
2. past relevant work has been determined to be skilled or semiskilled;
3. …
Transferable Skills from the job of Cook
By Gordon Gates on
Posted in Step 5, Vocational
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…
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.Continue Reading Transferable Skills
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…