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Thursday, September 17th, 2015
Vocational Evidence Determinative
I have discussed the important role that vocational evidence plays in a Social Security Disability (“SSD”) case many times. I represent a 57 year old with knee, back, and foot problems whose SSD application was approved today five months after it was filed.
The claimant’s medical conditions are not uncommon. Therefore, the question arises as to why his SSD application was approved without ever being denied, especially in this environment where the SSA is trying to increase the number of applications it denies. For example, in 2009, Administrative Law Judges approved 63% of their cases, whereas now they are only approving 45%, and rumor has it that their goal is to reduce that even lower to 33%.
While many claimants may have knee, back, and foot problems, very few have a work history limited to unskilled heavy work, which requires lifting up to a 100 pounds. Under the grid rules, a person who is over 55 whose past relevant work is unskilled and heavy, should be found disabled. In other words, SSD claimants with the identical medical conditions with the same level of severity, but who are younger or had a skilled or less strenuous work history, probably would not have been approved.
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- New Office
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- NYCERS
- Primary Care Physicians
- Social Security Rulings
- Anxiety
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- Retrospective Medical Opinion
- Disability For Federal Employees
- The Grids
- Chronic Fatigue Syndrome
- Adult Disabled Children
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- Depression and Anxiety
- RSD/CRPS
- Getting SSD Even If You Can Work
- Health Insurance For Children
- Health Insurance For Children
- Settling With CIGNA
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- Reopening Past SSD Denial
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- Listed Impairments
- Multiple Medical Sources
- Attorney Advisors
- Avoiding Consultative Examinations
- Atypical Parkinson’s
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- SSD & Taxes
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- Don’t Believe Everything You Read
- On The Record Request
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
- CIGNA Ordered To Pay For Its Actions
- Oops, CIGNA’s Done It Again
- Hearing Office Attorneys
- Hearing Notice
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- Unsuccessful Work Attempts
- Medical Assessments
- Disability & Downsizing
- Consultative Examinations
- Obama Disability Benefit
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- Obama and Social Security Benefits
- “Fully Favorable” Decisions
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- Notice of Dismissal
- Initial SSA Decisions
- Appeals Council Scolds ALJ
- Unum Cases In New York
- Medical Evidence
- Prior Applications
- Disability is Functionality
- Medical Records & Reports
- Social Security Files
- Applicaiton Filing Date
- Representing Yourself
- Disabled Voters
- Vertigo
- Multiple Impairments
- Myasthenia Gravis
- More Is Better
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- SSA Medical Reports
- Negotiating Disability Benefits
- Consultative Examinations
- GMA Exposes CIGNA
- Work History
- Onset and Application Dates
- Supreme Court Helps LTD Claimants
- Expediting SSD Cases
- Two Heads Are Better Than One
- LTD Litigation
- Retrospective Medical Opinions
- Establishing An Onset Date
- Field Visit
- Multiple Attorneys
- Self Employment
- Special Accommodations
- Multiple Disability Benefits
- Clarifying Objective Evidence
- “Fully Favorable” Decisions
- Treating Sources
- SSD & Mental Disability
- Using Vocational Evidence To Expedite Benefits
- Attorney Adjudicator
- Past Earnings
- Benefits Without A Hearing
- Irrelevant Medical Conditions
- Establishing Credibility
- Medical Updates
- No Health Insurance
- Application Dates
- Possible Delay Remedy
- Unum Reassessment Loophole
- Benefits Despite Income
- Consultative Examinations
- “Accentuate The Positive, Eliminate The Negative”
- Dire Need
- How To Avoid Hearing Delays
- Police Disability
- Seminar
- Expediting LTD Benefits
- Uveitis
- TBI and Vocational Evidence
- Failure To Receive Notice
- Mental Disorders
- Inability To Speak English
- Discovery In ERISA Cases
- Don’t Be Intimidated By DDS
- Multiple Sclerosis
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
- Exam Secrets
- SSD for Firefighter
- Consultative Examinations
- Purpose of SSD Hearing
- Why Wait?
- Insurance Department Complaint
- Overreach For Disability Retirement
- Vertigo
- No Objective Testing Required for Chronic Fatigue
- Non-binding Disability Decision
- Always Check The Listings
- LTD & SSD
- Avoid Early Retirement
- Getting Benefits Faster
- Medical Records & Reports
- Corroborating Physicians
- Unemployment Benefits
- Miano v. Barnhart
- Benefits Despite Working
- Work History Credibility
- Reflex Sympathetic Dystrophy
- Arthritis Foundation
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