Social Security Disability: Opposing Your Ability to Do Sit-Down Work

Social Security classifies work into different exertional levels. Thus, if you have a long-term disability and file for Social Security disability insurance (SSDI) benefits, SS can still deny your claim if they deem that you are able to do sit-down work. To win your disability claim, you need to prove that your limitations prevent you from doing your previous job AND any other light work. For younger claimants, this can be difficult to do, as the SSA is inclined to assume that younger people can easily adjust to sit-down jobs even with an impairment.

Social Security often notifies the applicant that they can perform an unskilled and sedentary occupation based on the jobs listed in the outdated Dictionary of Occupational Titles, with much of the information remaining unchanged since 1977. The fact that the DOT is outdated can be used to your advantage, and with the help of a good Social Security disability lawyer, you can contest the jobs that the SSA proposes. If the SSA denies your initial application, you’ll have the chance to do this at an appeal hearing.

During disability hearings, the Administrative Law Judge often asks a vocational expert (VE) to provide testimony based on the DOT on the jobs an impaired individual could do. Your disability lawyer can argue the VE and point out the many flaws of the outdated DOT. He or she can adeptly argue that the outdated VOT no longer applies in this day and age, much less your particular situation.

Often, the SSA would determine that a person cannot physically perform sit-down jobs if they have particular limitations, and your disability attorney can argue this point on your behalf.

 

Source:

Being Denied Disability Benefits Because You Can Do Sit-Down Work, Nolo.com

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s