FICTITIOUS JOBS IN THE DOT GET YOU DENIED

Social Security uses an obsolete publication to identify jobs. These jobs can be used to deny disability claims and they are used this way on a daily basis.  The publication that Social Security decision makers must use is The Dictionary of Occupational Titles (DOT), first published in the 1930s and last updated in 1993.  The DOT describes 12,569 jobs.  Many of them are from a bygone era-but they are still in the DOT. 

 Here are just a few of the ridiculous jobs that are still listed.  The DOT code numbers are given, to prove this is no joke.
  • Horse Identifier   DOT Code 153.387-010
  • Horse and Wagon Driver  919.664-010
  • Butter Melter   523.585-010
  • Animal Impersonator   159.047-018
  • Bucket Chucker   664.685-014
  • Belly Roller   583.685-094
  • Side Splitter   525.684-018
  • Worm Picker   413.687-010
  • Egg Smeller   521.687-042
  • Bowling Ball Weigher   732.487-010
And my personal favorite....
  • Coach Driver, DOT Code 349.677-014.  The DOT job description reads:  "May clean or polish vehicle such as a carriage, wagon or cart." 
If you are judged physically and mentally able to perform one of these weird jobs (or any other job in the DOT) you may be denied benefits at Step 5 of the sequential decision making process.  Sad, but true.

 There have been more jobs created since 1993 that are not in the DOT than the total number of jobs listed in the DOT.

The US Department of Labor considers the DOT to be obsolete. However, the Social Security Administration considers it their main vocational resource--the definitive guide to jobs in the modern age, the Bible of work.

Judges are required to confirm that any vocational testimony "confirms to the DOT."  Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge. Social Security's attitude:  If it's in the DOT, it's the Gospel.

This could be one reason your disability claim was denied:  reliance upon such outdated data as the DOT.  Some federal courts have reversed decisions based on the DOT on appeal.  Most do not.  The DOT needs to be discarded and replaced. It has been severely out of date for more than a quarter of a century.

Oddly, the DOT does not even recognize the existence of the internet or computer technology.  There have been more jobs created since 1993, that are not in the DOT, than there are jobs listed in the DOT.  Yet, these computer age jobs are ignored by the DOT while we waste time describing butter melters, egg smellers and microfilm processors.

Comments

Post a Comment

Popular posts from this blog

I NEED HELP WHILE WAITING FOR DISABILITY

"I need help.  I've filed for Social Security disability months ago.  How can I survive until my case gets settled?" This is a good question.  If you are disabled, not working and have little or no income--survival is the question.  It may take months or years for Social Security to decide your case.  What can you do.  Here are some sources of help you may want to consider: FOOD STAMPS :  Contact your county's Department of Human Resources.  In Madison County, it's located at 2206 Oakwood Avenue NW.  Phone (256) 427-6000.  Website:   http://dhr.alabama.gov/counties/county_results.aspx?id=Madison MORTGAGE PAYMENTS :  Contact "Hardest Hit Alabama" at www.hardesthitalabama.com   or call 1-877-497-8182. LOW COST MEDICAL CARE (DOCTORS) : Click on the link below for a list of low cost clinics near you.  http://www.needymeds.org/free_clinics.taf?_function=list&state=al UTILITY BILLS OR OTHER NEEDS: ...
Read more

TOOL BELT FOR SOCIAL SECURITY DISABILITY CLAIMS

Image
An affective craftsman will always have the proper tools on his tool belt.  The Social Security disability advocate is no different.  He or she must have the proper tools and know how to use them effectively to win your disability case.  Let's talk about a few of the tools that your disability case will require. Medical Evidence.   This is a record of your treatment from doctors, psychologists, therapists, hospitals, clinics or other providers who have treated or examined you.  It should include a diagnosis, prognosis, level of severity, treatment procedures, dates, etc.  Acceptable medical sources for Social Security are medical doctors and licensed clinical psychologists.  Evidence from other sources may also be used. Vocational Evidence (VE).   Here is another useful item in our tool belt. Vocational evidence includes your age, level of education or training, skills and work history - especially work you did during the ...
Read more

HOW TO GET DISABILITY BENEFITS AT AGE 50

Image
If you are applying for Social Security disability benefits, it is more likely that you will be approved if you are over age 50.  Why? Because of the medical-vocational guidelines.  These "grid rules" make it easier for persons who are of advanced age or who are approaching advanced age. The factors which Social Security must consider in determining whether a claimant is disabled are: age education prior work experience residual function capacity ( See definition below)* When all 4 of these factors are favorable, it is much more likely to get a favorable decision on your disability claim.  (See my separate post on getting a Medical Source Statement, which addresses the residual function capacity). Definition of "Residual Functional Capacity' (RFC):  This is the maximum amount of work related activity that the claimant can do:  sitting, standing, walking, pushing/pulling, lifting, bending, etc.  T he RFC is key to getting a favorable d...
Read more