RIDICULOUS JOBS THAT MAY DENY YOUR BENEFITS

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
  • Belly Roller   583.685-094
  • Side Splitter   525-684-018
  • Worm Picker   413-687-010
  • Egg Smeller   521.687-042
  • 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 jobs (or any other job in the DOT) you may be denied benefits at Step 5 of the sequential decision making process.

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 solid data as the DOT.  Some federal courts have taken notice of denials based on DOT data and have reversed the decisions on appeal.  

Comments

Post a Comment

Popular posts from this blog

GETTING MONEY FROM SSDI

SSDI stands for Social Security Disability Insurance .  When you first began working, the Government deducted a percentage of your wages, called a FICA tax.  This continued as long as you worked, in most cases.  This money was matched by your employer and set aside in a government trust fund to help you if you later became disabled and could not work. SSDI is a type of government sponsored insurance program, usually called "Social Security disability insurance."  To get benefits out of SSDI, you must prove  that you have a medical disability so severe that you cannot work any full-time job; that this disability has lasted, or is expected to last, for at least 12 consecutive months. That sounds simple but Social Security has made it rather difficult to prove that you are disabled.  One reason is that their definition of 'disability' is so strict.  You usually must prove that you cannot perform even simple, unskilled work at the sed...
Read more

POST HEARING EVIDENCE

Many people assume that a Social Security disability case is over when the hearing has been held.  This isn't always the case.  Often there is post hearing work that should be done to achieve the best chance of a favorable decision. Everyone at a disability hearing works under pressure.  This includes the claimant, the representative, the vocational expert and even the administrative law judge.  Hearings are generally limited to less than one hour.  The judge will ask questions that place the claimant under stress to answer correctly.  The representative or attorney will be asked to respond to procedural issues or points of law that place him or her under pressure.  The judge must constantly conduct the hearing so that it follows Social Security laws, rules and regulations.  Further, the judge must form accurate hypothetical questions for the vocational expert based on the medical and vocational evidence in the file and upon the claimant's testi...
Read more

CAN YOU GET DISABILITY FOR SLEEP DISORDERS? HOW?

Many of my clients who file for Social Security disability have severe sleep disorders.  The question is, do these sleep problems equate to disability? The answer is, how do the sleep problems restrict the ability to perform full-time work?  What are the symptoms?  How frequent and how severe are the symptoms. Symptoms of insomnia, obstructive sleep apnea, narcolepsy or other sleep disorders often include: excessive daytime sleepiness fatigue loss of memory lack of concentration, persistence and pace irritability - unable to get along with supervisors, co-workers or customers at work If the medical record indicates treatment for these symptoms which has failed, then a finding of disability may be appropriate.  For example, if a person has obstructive sleep apnea which can be corrected by using a CPAP machine, then it is not disabling.  If a CPAP has been tried and failed to fix the problem, then we have valid medical problems that may hel...
Read more