Being unable to work at your job may mean applying for Social Security Disability Insurance (SSDI) benefits. However, many people are denied and must file an appeal. At the appeal hearing, claimants must plead their case before an administrative law judge (ALJ) and a vocational expert. Read on and learn why appearing at a hearing without a Social Security lawyer could mean a second denial of benefits based on the "other jobs" premise.
What Are Other Jobs?
The Social Security Administration (SSA) not only evaluates whether you can work at your most recent job but also at any other job. Theoretically, the other job must be in the same geographical area and be suitable for a claimant given their medical condition. The vocational expert is there to advise the ALJ on what might be a suitable job for the claimants. However, the vocation expert is not a doctor so may not recommend jobs that take into account the claimant's medical condition. Another problem is that the jobs suggested may not be appropriate for the claimant.
Why Are the Other Suggest Jobs So Wrong for Claimants?
Unfortunately, the vocational expert must use an outdated book as their reference point. The Dictionary of Occupational Titles was last updated in the 1990s — over 20 years ago. Things have changed when it comes to jobs since. The biggest problem is that the vocational expert may recommend jobs that don't exist in real life anymore. If you have a Social Security lawyer there to help you, they can supply more updated information about any job the SSA suggests you can do.
Using an outdated reference manual can also mean that the jobs, even if they still exist, are almost always more technical now than they were in the nineties. More and more occupations require the use of computers, tablets, and smartphones. However, none of that is likely to be mentioned in the handbook the vocational expert uses.
What Your Lawyer Can Do
Social Security lawyers understand the situation a lot better than the vocational expert that works for the SSA. They can point out the discrepancies in the recommendations for other jobs, which will lead to claimants being paid the benefits they need. Here is what to expect from your Social Security lawyer:
Speak to a Social Security disability lawyer and find out more.
Share1 June 2022
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