Vocational Evidence

Obtaining Social Security Disability (“SSD”) benefits requires proving the inability to perform any full-time job for at least twelve months.  The process requires submitting substantial medical support from treating providers. Many claimants are unaware that there is also a vocational component involved in the evaluation process.

In addition to submitting medical evidence, claimants must provide detailed information about their work history for the past five years. Social Security not only reviews medical documentation but also employs Vocational Experts ("VEs") to examine claimants' work histories. A VE considers the claimant’s job experience, age, and any restrictions or limitations when determining what work, if any, is possible. A VE may also assess whether the claimant possesses transferable skills that would allow them to work full-time in another occupation.

VEs frequently rely on the Dictionary of Occupational Titles ("DOT") an outdated resource.  Each occupation listed in the DOT is classified into categories such as sedentary, light, medium, heavy or heavy work.

We represent a 52-year-old Peace Officer from Baldwin, New York, who recently received a Fully Favorable Decision regarding their SSD application. Several months prior to the scheduled hearing, we requested an On the Record (“OTR”) decision; the administrative law judge ("ALJ"), however, declined to grant it at that time.

Shortly before the hearing, we submitted an in-depth description of the claimant’s past occupation as a Peace Officer from his employer, New York City, including the requirements necessary for the position. Upon reviewing this information, the ALJ recognized that the claimant did not possess transferable skills applicable to other occupations. As a result, the ALJ approved the OTR the day before the hearing was scheduled.