Past work experience plays a major role in Social Security disability cases. First, it is necessary to prove that the claimant cannot perform any past relevant work. Also, it is important to determine whether the claimant has any transferable skills that were learned at past jobs.
Age in combination with education and skills will be used by vocational witnesses to determine whether a claimant is disabled. As age increases, it becomes less likely that unskilled workers will be judged able to perform any of their past work or any other work, therefore, making a finding of "disabled" a great deal more probable than for a younger worker.
Paragraph d of Grid Rule 201.00 reads: "the adversity of functional restrictions to sedentary work at advanced age (55 or over) - for individuals with no relevant past work or who can no longer perform vocationally relevant past work and have no transferable skills, warrants a finding of disabled in the absence of the rare situation where the individual has recently completed education which provides a basis for direct entry into skilled sedentary work."
That paragraph goes on to say, "Advanced age and a history of unskilled work or no work experience would ordinarily offset any vocational advantages that might accrue by reason of any remote past education, whether it is more or less than limited education."
When Social Security tries to make the argument that skills from one job can transfer to another job, there are rules that apply. Particularly, paragraph f of Vocational Rule 201.00: "In order to find trasnferability of skills to skilled sedentary work, there must be very little, if any, vocational adjustment required in terms of tools, work processes, work settings or the industry [in general]." I added the words inside the brackets.
In the hands of a skilled disability advocate, Social Security's own rules and regulations often form the basis for approval of a claim. This almost always happens, however, at the appeal or hearing level. At least, that's where I most often get involved in disability claims. I wonder if more Social Security disability claims could be approved at the initial application level if claimants would hire a representative earlier in the process. Most claimants trudge through the application process on their own and hire a representative only after they are denied.
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Charles W. Forsythe is a senior advocate and founding partner with the Forsythe Firm in Huntsville, AL. He is available to consult on Social Security disability cases in Alabama and Middle Tennessee. His firm charges no fee except in successful cases where back pay is recovered.
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Age in combination with education and skills will be used by vocational witnesses to determine whether a claimant is disabled. As age increases, it becomes less likely that unskilled workers will be judged able to perform any of their past work or any other work, therefore, making a finding of "disabled" a great deal more probable than for a younger worker.
Paragraph d of Grid Rule 201.00 reads: "the adversity of functional restrictions to sedentary work at advanced age (55 or over) - for individuals with no relevant past work or who can no longer perform vocationally relevant past work and have no transferable skills, warrants a finding of disabled in the absence of the rare situation where the individual has recently completed education which provides a basis for direct entry into skilled sedentary work."
That paragraph goes on to say, "Advanced age and a history of unskilled work or no work experience would ordinarily offset any vocational advantages that might accrue by reason of any remote past education, whether it is more or less than limited education."
When Social Security tries to make the argument that skills from one job can transfer to another job, there are rules that apply. Particularly, paragraph f of Vocational Rule 201.00: "In order to find trasnferability of skills to skilled sedentary work, there must be very little, if any, vocational adjustment required in terms of tools, work processes, work settings or the industry [in general]." I added the words inside the brackets.
In the hands of a skilled disability advocate, Social Security's own rules and regulations often form the basis for approval of a claim. This almost always happens, however, at the appeal or hearing level. At least, that's where I most often get involved in disability claims. I wonder if more Social Security disability claims could be approved at the initial application level if claimants would hire a representative earlier in the process. Most claimants trudge through the application process on their own and hire a representative only after they are denied.
-------
Charles W. Forsythe is a senior advocate and founding partner with the Forsythe Firm in Huntsville, AL. He is available to consult on Social Security disability cases in Alabama and Middle Tennessee. His firm charges no fee except in successful cases where back pay is recovered.
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