Social
Security uses an obsolete publication to identify jobs that a
disability claimant may be able to do. These jobs, in turn, are often
used to deny disability claims. The publication required by Social
Security decision makers is The Dictionary of Occupational Titles (DOT),
first published in the 1930s and last updated in 1993. The DOT
describes 12,569 jobs. Many of them are obsolete, from a bygone era.
Here are a few of the more ridiculous jobs found in the DOT. The DOT
code number is given, to prove this is no joke.
- Horse Identifier DOT Code 153.387-010
- Horse and Wagon Driver 919.664-010
- Butter Melter 523-585-010
- Animal Impersonator 159.047-018
- Bucket Chucker 664.685-014
- Side Splitter 525-684-018
- Bowling Ball Weigher 732.487-010
And my personal favorite....
- Coach
Driver, DOT Code 349.677-014. The DOT job description reads: "May
clean or polish vehicle such as a carriage, wagon or cart."
If you are judged physically and
mentally able to perform one of these archaic jobs (or any other job in the
DOT) you may be denied benefits at Step 5 of the sequential decision
making process, where most denials occur.
The
US Department of Labor considers the DOT to be obsolete. However, the
Social Security Administration considers it their primary vocational
resource--the definitive guide to jobs in the modern age. Judges are required to confirm that any vocational testimony "confirms to the DOT." Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude: If it's in the DOT, it's Gospel.
This could be one reason your disability claim was denied: reliance upon such outdated data as the DOT. Some federal courts have taken notice of denials based on DOT data and have reversed the decisions on appeal.
I think Social Security is moving in the direction of allowing other occupational data to be used; however, no one knows how long that will take.
In
our experience with Social Security disability claims, there are some
factors that seem to increase a claimant's odds of being approved for
benefits. Here are some of them:
- a long, steady employment history;
- being age 50 or above (though not required to get benefits);
- failed work attempt(s) after the disability onset, demonstrating the desire to continue working;
- proper written statements from one or more treating doctors (not just any statement, the proper statement)
Doctors
may provide 2 types of evidence. One is objective evidence, the other
is opinion evidence. Most Social Security cases go to trial with only
the routine medical records from the doctors. This can't be relied on
to produce an award. Opinion evidence, on the other hand, provides the
doctor's opinion about how the claimant is limited in the ability to
perform work activities (sitting, standing, walking, lifting,
bending, concentrating, remembering, regular attendance, etc.). Opinion
evidence is a little harder to come by and is sadly lacking in most
cases that get denied. It can make a huge difference.
For instance, it isn't enough to have medical records proving that the claimant has arthritis.
The claimant is required to prove that his or her medical condition is
severe enough to prevent full-time, remunerative work on a full-time
basis.
We
often see useless doctor's statements like this: "Mr. Charlie Brown
has been a patient of mine for 10 years and it is my opinion that he is
disabled and cannot work at any job." The problem with such a
pronouncement is that it actually violates the federal regulations. The
conclusion about disability is reserved to the Commissioner of Social
Security and doctors may not determine who is disabled (20 CFR 404.1527; 416.927, etc.).
What may properly be stated by a doctor?
The answer is, his or her opinions as to the patient's specific
limitations or restrictions. How long the patient can sit, stand or
walk; how much can he/she can lift? What limitations are there in such
things as concentrating, remembering, making decisions, reaching,
stooping, kneeling, bending, etc. How many days per month would the
patient be expected to miss work because of a medical impairment? These
are examples of things that are permitted and the doctor's
opinion in these specific areas are admissible as evidence (although
Social Security is not bound by the doctor's opinion). But the doctor
may not conclude that a person is disabled or make a vague statement like, "He is not able to work."
In
Huntsville, the Forsythe Firm has helped hundreds of claimants get
Social Security disability payments. We offer free initial
consultations and evaluations without obligation. We are full service
disability advocates and can be involved in every stage of your Social
Security disability claim--from application through appeal. We never
charge a fee unless you win and receive back pay.
PHONE: (256) 799-0297
https://forsythefirm.wixsite.com/website
