Ironically, while the State agency has been taking longer to approve compassionate allowance Social Security Disability (“SSD”) claims and SSD claims that meet listings, the agency has been taking less time to approve SSD claims of older workers, especially when their occupation was not sedentary.
I represent a client with back, neck and hip problems who had worked as a real estate agent and machine supervisor. The medical problems did not meet a listing, nor did they constitute a compassionate allowance, but he did have strong supporting reports from his treating specialists. The claimant’s past work was not sedentary, and he was 60 years old when he became disabled. The SSD application was approved today in a couple days short of 2.5 months.
Social Security has always stated that transferability of skills to sedentary work for individuals who are 55 and over requires little, if any, vocational adjustment required in terms of tools, work processes, work settings, or the industry. Perhaps Social Security recognizes that the aforementioned rule is even truer today than ever as our constantly evolving workforce requires greater skills now to be employable. That would explain quicker SSD approvals for older workers with protracted non-sedentary work histories.
Thursday, March 10, 2016
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