JOB HISTORY MATTERS IN DISABILITY CLAIMS

We've talked some on this post about vocational evidence and why your past job history is important in a disability claim.  I want to take a moment and expand on that a little further.  In order to qualify for Social Security disability, you must prove that you cannot perform any of your "past relevant work."  That's likely going to be all the jobs you had during the past 15 years.

When vocational experts testify about whether you are able to perform any past relevant work, it is essential that they understand the type of work you did, the duties you had, the machines or equipment you operated, how much you had lift, etc.  You also want to give a clear, specific picture of whether you were required to be on your feet all the time or whether you sat much of the time.  The less "exertional" (strenuous) your jobs were, the more likely the vocational expert will testify that you can perform some of them, in spite of your limitations.  For example, a receptionist with a herniated disc in her back is more likely to be able to work than a roofer with a herniated disc.  This is because the receptionist can often sit most of the time, stand and stretch as required and doesn't perform a lot of lifting, bending or climbing.  The roofer, on the other hand, is going to have a difficult time walking up ladders with 75 pound bundles of shingles if he has a herniated disc or two in his back.

If your past work was primarily sedentary in nature, you may still be able to prove disability.  If all or most of your previous work was unskilled that makes it easier.  If you are 50 or over, easier still.  If there are any non-exertional limitations they should be fully documented.  For example, memory loss, lack of concentration, mood disorders or other psychological symptoms may make even unskilled sedentary work impossible.

Education is part of the vocational picture, too.  The more education you have, the more employment options.  Often a high school education or more will be a disadvantage for younger workers trying for disability.  The same thing goes for skills learned by vocational training, occupational rehabilitation or on the job training.  Skilled workers usually have a wider occupational base (jobs they can do) than unskilled laborers.

In a future post I will discuss the difference between skilled and unskilled work from a Social Security point of view.

If you have a question about Social Security disability or just need to find a site that provides easy-to-understand information, try my website by clicking on this link.



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