The Social Security Administration pays social security disability benefits “only if his physical or mental impairment or impairments are of such severity that he/she is unable to do his previous work and cannot………engage in any other kind of substantial gainful work which exists in the national economy.”
“Work which exists in the national economy” means “work which exists in significant numbers either in the region where such individual lives or in several regions of the country.”
What happens if you are able to return to your previous work, but your old job no longer exists in ‘significant numbers in the national economy’? Or doesn’t exist at all?
WHAT DO YOU DO WHEN SOCIAL SECURITY TELLS YOU TO TAKE A JOB THAT DOESN’T EXIST?
The Supreme Court addressed this issue in the case of an elevator operator, age 53, who was disabled by heart disease and severe back pain. She had worked as an elevator operator, a job that no longer exists in ‘significant numbers in the national economy’.
The Supreme Court decided that even though the job no longer exists in ‘significant numbers’, the fact that she can return to a non-existent job disqualified her from receiving disability benefits.
Strange, but true. And it gets stranger.
According to NOLO, when Social Security denies a disability claim at Step Five (whether you can do other work), the agency often will decide that they could perform an’unskilled, sedentary occupation’. Jobs such as “surveillance system monitor,” “microfilm processor,” or “telephone quotation clerk.” Social Security finds these jobs in the Dictionary of Occupational Titles (DOT), a largely obsolete list of vocational information that hasn’t been updated in over 20 years.
As an example, here is the DOT description for the position of Telegraph-Service Rater, described as:
“Telegraph-Service Rater, DOT Code 214.587-010: Counts number of words in telegrams dispatched from telegraph office, consults rates in rate book, and marks charges on duplicates of messages for use in billing customers.”
Social Security’s reliance on out-of-date reference material is frustrating for both disability attorneys and applicants. Yet they still use it but their vocational expert needs to demonstrate that these jobs exist and that the claimant is able. An experienced disability knows how to make sure that their client gets the best outcome.
Our firm protect the rights of all disabled workers including veterans suffering from PSTD. Call us at 305-653-5555 for a FREE case evaluation. Listen to one clients experience.