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Social Security Eliminates Use of Archaic Jobs in Disability Evaluation Process

by | Jul 31, 2024 | Social Security Disability |

As part of the disability process, Social Security must determine if the person seeking benefits can either return to their past work or adjust to other work despite their medical conditions. If Social Security determines the claimant cannot perform any of their past work performed in the past 5 years, Social Security must then determine if jobs exist in significant numbers in the national economy to which the claimant could still perform given the limitations of their conditions.

Social Security, through the help of independent vocational experts, uses the Dictionary of Occupational Titles (DOT) and its companion publication the Selected Characteristics of Occupations as a source for determining if other jobs exist in significant numbers. The DOT classifies jobs into occupations based on the similarities of the job’s requirements, and by regulation, is the required foundation upon which vocational testimony rests. However, the DOT was last modified over 25 years ago and was last updated in 1991. Many jobs listed in the DOT no longer exist, while some jobs are too new to exist in the archaic DOT.

As of June 22, 2024, Social Security has acknowledged the limitations of the DOT and has identified 114 occupations that exist in so few numbers, if at all, that the jobs can no longer be used to justify a finding of “not disabled.” Some of the jobs include a fur farmer, canary breeder, jig builder, barrel assembler, repairer of auto clocks, and reptile farmer. Social Security has also identified 13 other occupations where federal courts throughout the country have questioned the availability of those jobs in the national economy. Those jobs will require a more rigorous scrutiny before Social Security can use them as evidence that an individual is not disabled. These jobs include an addresser, nut sorter, surveillance system monitor, microfilm processor, and silver wrapper.

Because the DOT remains such an integral part of the Social Security disability process, a Social Security lawyer needs to be knowledgeable in the particulars of the DOT and understand how the vocational experts reach their conclusions. Contact an experienced Social Security disability attorney at Gardberg & Kemmerly, P.C. today at 251-343-1111 for a free case evaluation. Gardberg & Kemmerly, P.C. represents Social Security disability claimants in Alabama, Mississippi, Florida, and Louisiana at all levels of the disability process from initial application to appeals to Federal Court.

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