Transferable Skills

 There are two parts to every disability benefit claim – the medical evidence and the vocational evidence. It literally can pay to know the vocational rules when seeking Social Security Disability (“SSD”) benefits.

We represent a 55 year old automobile mechanic from Centerport, who had a stroke.  The Social Security rules classify a 55 year old as a person of advanced age.  The vocational rules were outcome determinative in his case because the claimant lacked transferable skills.

Transferability refers to acquired work skills, not to aptitudes and attributes that are more properly characterized as qualities necessary and useful in nearly all jobs.  An automobile mechanic is classified as skilled medium work.  The case law has repeatedly reported testimony from vocational experts that an automobile mechanic does not have any transferable skills.

The claimant was a high school graduate.  Under the Grid Rules, a person of advanced age, who is a high school graduate, with no transferable skills, must be found disabled even if capable of performing the physical demands of light work.

The treating neurologist limited the claimant to sitting for 8 hours, and standing/walking for 4 hours, in an 8 hour day, and occasionally lifting up to 9 pounds.  As that opinion was supported with a brain MRI that confirmed chronic infarcts with multiple intercranial stenosis, the Administrative Law Judge accepted the opinion.  Since the claimant could not lift 20 pounds, not stand and walk for 6 out of 8 hours, he could not perform light work.   Therefore, he was found disabled under the Grid rules.

It is important to retain an experienced, disability attorney who has extensive knowledge about Social Security's rules, both medical and vocational.   If you or someone you know is considering applying for SSD benefits, please call our office for a free phone consultation.  Our offices are located on Long Island in both Nassau and Suffolk counties.