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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…

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 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

An important aspect of your past relevant work is the skills you may have learned on the job. In the context of Social Security disability, the touchstone for job skills is Social Security Ruling 82-41. That Ruling states:

A skill is knowledge of a work activity which requires the exercise of significant judgment that…

I have three clients at various stages of the Social Security disability process whose past relevant work is solely as a surgical technician, or surgery tech. Obviously, assisting the doctor in the operating room is a demanding job. The Dictionary of Occupational Titles describes the job as Light, SVP 7 (DOT Code 079.374-022).…

When deciding a disability claim, the Social Security Administration looks at whether an individual is able to perform the duties of a job at steps 4 and 5 of the sequential evaluation. Social Security does not consider whether an individual would be hired for that job.

Social Security’s regulations directly address this issue.

20 CFR…

There is an excellent discussion of job traits versus transferable skills in Kramer v. Astrue, No. 1:10-cv-207-JAW (D. Me. March 25, 2011).

Here is the relevant excerpt (I have removed citations to the administrative record):

The administrative law judge found that the plaintiff’s past jobs as a firefighter and an emergency services dispatcher required the…

In a Social Security disability case, the record often contains a Residual Functional Capacity (RFC) or a medical source statement that sets forth limitations like these: lifting and carrying 10 pounds occasionally and less than 10 pounds frequently, standing and/or walking for about 2 hours in an 8-hour work day, sitting about 6 hours in…

Loyal readers know that I am a strong proponent of the hearing brief, which is filed into the record ahead of a Social Security disability hearing to assist the judge in the evaluation of the claim. Sometimes a post hearing memorandum is also called for. 

In my experience, a post hearing memorandum is needed…