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.
These days, more often than not, the hearing notice for a Social Security disability claim will specify that a vocational expert (VE) will testify at the hearing. This is often alarming for disability claimants, who are not clear about the role of a VE at a hearing.
The vocational expert attends the hearing to assist…
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…
Many claimants complete the Work History Report (Form SSA-3369-BK) as part of a Social Security disability or SSI application process. However, the importance of the report is often not recognized by claimants. It is usually one of several reports that must be completed, and it seems innocuous. But it's not. In many claims, the work history report is just as important to the determination of disability as the claimant's medical records.
Unless your condition meets a listed impairment, the SSA will make a medical-vocational determination of your claim at steps 4 and 5 of the sequential evaluation. The vocational part of that determination relies heavily on your work history report, because the report helps to establish your past relevant work.
At step 4, the SSA will simply compare your RFC to the requirements of your past work, both as that work is described in the work history report, and as generally performed (see Social Security Ruling 82-61). If Social Security determines that you can still perform your past relevant work, your claim will be denied.
If you do not describe the work requirements accurately, Social Security may conclude that you can still perform that past relevant work. So be sure to fully describe all of the requirements of the work you have performed in the past 15 years. …
The claimant is 60 years old, and has been a hospital nurse for over 25 years. Now, due to fibromyalgia, coronary disease, bilateral carpel tunnel syndrome and other impairments, she can no longer perform her past relevant work as a nurse.
DDS assessed a light exertional RFC. For a 60 year old claimant with an…
Vocational rehabilitation records can provide persuasive evidence for a Social Security disability claim.
First, the records show that a claimant has been trying to find work, in spite of his or her impairments. This can be important, because an ALJ often considers the claimant's motivation to work when determining a disability claim.
I also like voc…
At step 4 of Social Security's sequential evaluation, the SSA considers whether or not you have the ability to return to your past relevant work. The SSA considers your past work, both as you performed it (and described it in your Work History Report), and how that work is generally performed in the…
There is an offbeat little provision in the Social Security regulations that grants benefits for a worker who fits a particular vocational profile. This is the "worn out worker" rule. See 20 C.F.R. 404.1562(a).
The rule has 3 requirements for claimants:
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