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Friday, June 23rd, 2017
Work History
Earlier this year, Ingrassia v. Colvin, 2017 WL 908195 (E.D.N.Y. Mar. 6, 2017), held that an ALJ erred by failing to evaluate the Social Security Disability (“SSD”) plaintiff’s long work history of approximately 25 years when making a credibility assessment.
I represent a former carpenter with back problems who has a 40 year work history. When the ALJ asked if I had any opening remarks, I focused on the claimant’s 40 year work history. The hearing was brief, and the claimant’s SSD application was approved today. The ALJ’s decision stated that the claimant could do light work, even though the doctors said that sedentary work was not possible. However, the ALJ still concluded that the claimant could not work.
A claimant should always discuss their work history even though an ALJ will limit questions to the last 15 years. A claimant with a good work history is entitled to substantial credibility when claiming inability to work. Common sense dictates that a person with a long work history would continue working because of their strong work ethic if physically and mentally able. Most ALJ’s accept that premise.
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