I am a fly on the wall. I recently watched a Social Security disability hearing where the claimant was unrepresented. I could not speak up, but what I observed should help you if you are also headed for a hearing.
The judge proposed the following hypothetical question to the vocational expert: "Assume an individual of the same age, education and work experience as the claimant. Assume this individual is limited to a light exertion level, being able to lift and carry up to 25 pounds occasionally and up to 10 pounds frequently. He can walk up to 6 out of 8 hours and he can sit 6 hours out of 8 hours; can occasionally bend, stoop, kneel, crouch and has unlimited ability to reach bilaterally with the upper extremities.
The judge asks the vocational witness, "Can the claimant perform any of his past relevant work?" The vocational expert correctly answered, "No, he could not."
The judge asks, "Is there any other work that he could perform?"
The vocational expert states, "Yes, there are unskilled jobs at the sedentary and light exertion level that could be performed. Examples include:
(1) surveillance system monitor. There are 173,000 jobs in the US and over 800 jobs in the state.
(2) machine tender. There are 78,000 jobs in the US and 945 in the state.
(3) copy collater. 119,000 US jobs and 1,250 jobs in the state.
The judge now has evidence to deny the claim at Step 5: The claimant can perform "other work" that exists in the national and state economies, even if he could not perform any of his past relevant jobs.
I am only a fly on the wall. However, if I were the claimant's representative, I would ask the vocational expert some very important questions:
Questions About Job # 1: Isn't it true that the surveillance system monitor job is actually listed in the DOT as "surveillance system monitor - government service"? Doesn't the DOT describe this job as monitoring surveillance cameras at airports and public transportation terminals? And after the 9/11 terrorist attacks, were not those jobs transferred to Homeland Security and the Transportation Safety Administration? Do these jobs now require more vocational preparation than they did back in 1986 when the D.O.T. listed the jobs you are referencing? (All this is true).
Questions About Job #2: Regarding the machine tender job, could you please read me the full job title? It is, "Brassiere Slide Making Machine Tender -Automatic"? When was that job last updated in the DOT? Isn't it true that there is not single bra manufacturer in the US today, and that a company called Top Form provides nearly all the bras sold in the United States and that those bras are made in Thailand and Cambodia?
Questions About Job # 3: When was the job of copy collater last updated? 1977? Isn't it true that changing technology has rendered that job virtually obsolete in the modern economy because copy machines now automatically collate copies as they are made? Also, isn't it likely that a person doing that job, if the job existed, would be required to perform other duties when no copies were being made? Further, wouldn't being off task at least 20 percent of the workday, as evidenced by the claimant's depression and anxiety, render no work available?
There are 20 other questions that should be asked of the vocational witness. But, sadly, I am only a fly on the wall and must remain silent. An experienced representative might have saved this case. The claimant meant well and behaved admirably. But he simply did not have the experience or information to present an effective case and avoid mistakes.
The judge proposed the following hypothetical question to the vocational expert: "Assume an individual of the same age, education and work experience as the claimant. Assume this individual is limited to a light exertion level, being able to lift and carry up to 25 pounds occasionally and up to 10 pounds frequently. He can walk up to 6 out of 8 hours and he can sit 6 hours out of 8 hours; can occasionally bend, stoop, kneel, crouch and has unlimited ability to reach bilaterally with the upper extremities.
The judge asks the vocational witness, "Can the claimant perform any of his past relevant work?" The vocational expert correctly answered, "No, he could not."
The judge asks, "Is there any other work that he could perform?"
The vocational expert states, "Yes, there are unskilled jobs at the sedentary and light exertion level that could be performed. Examples include:
(1) surveillance system monitor. There are 173,000 jobs in the US and over 800 jobs in the state.
(2) machine tender. There are 78,000 jobs in the US and 945 in the state.
(3) copy collater. 119,000 US jobs and 1,250 jobs in the state.
The judge now has evidence to deny the claim at Step 5: The claimant can perform "other work" that exists in the national and state economies, even if he could not perform any of his past relevant jobs.
I am only a fly on the wall. However, if I were the claimant's representative, I would ask the vocational expert some very important questions:
Questions About Job # 1: Isn't it true that the surveillance system monitor job is actually listed in the DOT as "surveillance system monitor - government service"? Doesn't the DOT describe this job as monitoring surveillance cameras at airports and public transportation terminals? And after the 9/11 terrorist attacks, were not those jobs transferred to Homeland Security and the Transportation Safety Administration? Do these jobs now require more vocational preparation than they did back in 1986 when the D.O.T. listed the jobs you are referencing? (All this is true).
Questions About Job #2: Regarding the machine tender job, could you please read me the full job title? It is, "Brassiere Slide Making Machine Tender -Automatic"? When was that job last updated in the DOT? Isn't it true that there is not single bra manufacturer in the US today, and that a company called Top Form provides nearly all the bras sold in the United States and that those bras are made in Thailand and Cambodia?
Questions About Job # 3: When was the job of copy collater last updated? 1977? Isn't it true that changing technology has rendered that job virtually obsolete in the modern economy because copy machines now automatically collate copies as they are made? Also, isn't it likely that a person doing that job, if the job existed, would be required to perform other duties when no copies were being made? Further, wouldn't being off task at least 20 percent of the workday, as evidenced by the claimant's depression and anxiety, render no work available?
There are 20 other questions that should be asked of the vocational witness. But, sadly, I am only a fly on the wall and must remain silent. An experienced representative might have saved this case. The claimant meant well and behaved admirably. But he simply did not have the experience or information to present an effective case and avoid mistakes.
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