Often at a Social Security disability hearing, there is testimony from the claimant and the vocational witness about missed days at work.
Many disability claims at the hearing level are decided on the basis of missed work days. This is because a claimant’s symptoms and limitations often do not fit neatly into Social Security’s physical…
Last Fall the Social Security published a proposed rule change that would reduce the period of PRW from 15 years to 5 years. As I have said before, I strongly support that change, which would reduce the paperwork burden of disability claims and lead to more realistic determinations.
The Federal Register published today its semiannual…
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 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…
Social security has published a proposed rule which would reduce the period for past relevant work (PRW) from 15 to 5 years. The proposal is the result of a great deal of research by Social Security, and it presents a practical improvement to the disability adjudication process.
The proposed rule is currently in the comment…
Social Security published today a proposed rule change to “revise the definition of past relevant work (PRW) by reducing the relevant work period from 15 to 5 years.” Here is a link to the proposed rule.
This would be a significant (and welcome) change to the disability evaluation process. It would be a…
I have clients who need to use a cane when walking or standing. Often the cane is for balance, but sometimes also due to weakness in the legs, or drop foot. Social Security has policy on the vocational impact of the need to use a cane or other handheld assistive devices (such as a walker).…
Social Security assesses your ability to perform your past relevant work at step 4 of the sequential evaluation process.
Social Security will evaluate your ability to do the physical and mental activities that were required to perform your past work. The SSA will not consider whether or not you could actually get a job…
Most disability claims are decided on a medical-vocational basis. Sometimes too little attention is paid to the vocational part of the analysis.
At Social Security disability hearings, the administrative law judge will typically give the DDS residual functional capacity assessment as the initial hypothetical question to the vocational expert (VE) at the hearing. I have…
The Washington Post has an excellent article this week by reporter Lisa Rein, entitled “Social Security denies disability benefits based on list with jobs from 1977.” You should read the article in its entirety.
The Dictionary of Occupational Titles (DOT), published by the U.S. Department of Labor, is used by Social Security as…
