The
Social Security Administration (“SSA”) frequently uses a vocational expert
(“VE”) at a disability hearing to provide information regarding a claimant’s
past work and potential alternative work that the claimant can do. Much less frequently, the State agency,
which makes the initial disability determination for the SSA, may also use a
VE. The information that the VEs
provide to the State agency need to be examined just as closely as the
testimony VEs provide at hearings.
I
represent a 51 year old former National Sales Manager for a camera company, with acute
pituitary insufficiency secondary to cerebrovascular insufficiency. The State agency agreed that the
claimant could not do her past work, but denied the application because one of
its VEs said the claimant could perform a substantial
number of simple unskilled occupations
in the economy. The VE identified
three occupations that the claimant could do.
The first occupation
the VE cited was a buckle sorter, which has a specific vocational preparation
(“SVP”) of 3. However, unskilled
work only has an SVP of 1 or 2.
The second identified occupation was a hand packer, which the VE said
had the Dictionary of Occupational Titles (“DOT”) code number 420.587-018. However, there is no such DOT code number. The third occupation the VE cited was
cuff folder. However, there were
not a substantial number of cuff folder positions in economy. More importantly, cuff folder is a
sedentary position, and even if the claimant had a sedentary work capacity, the
SSA medical vocational rules required finding her disabled.
No comments:
Post a Comment