Social Security Disability has a five-step sequential evaluation method to determine if you transferable skills. If you are over (or nearly over) age 50 and cannot do your past work, the judge may need to determine whether you developed transferable skills while working that would transfer to other jobs. To make this determination, the judge will seek the help of an expert Vocational Witness (VW) who knows about vocational matters.
This blog post concerns a case study where the Administrative Law Judge (ALJ) applied the wrong legal standard In assessing the Residual Functional Capacity (RFC) of an individual because the ALJ failed to consider severe and non-severe impairments. The following is an excerpt from a brief I submitted to the federal district court:
In a recent case, the Social Security Administrative Law Judge (ALJ) erred in returning a claimant to past relevant work performed under special conditions.“When the SSA determines whether an individual is disabled for Social Security Disability Insurance (SSDI) purposes, it does not take the possibility of 'reasonable accommodations into account, nor need an applicant refer to the possibility of reasonable accommodation when she applies for SSDI.
In a case we recently won at the federal district court, the entire record contained only two opinions offered by the same treating source on the same day regarding the claimant's ability to perform work. The Administrative Law Judge ignored the only uncontroverted medical opinion in the record.
Following is an argument I made in a federal district court case I won: "The Administrative Law Judge's (ALJ) Residual Functional Capacity Assessment Was Not Based on Material Evidence." Put in the simplest terms, the ALJ’s residual functional capacity assessment was not based on any medical opinion in the record.
"You fought for your country. Let me fight for your veterans benefits" Joe Whitcomb's first fight for veterans disability benefits was his own. When he was medically separated from service back in 2005, he did not anticipate running into difficulty getting his veterans' benefits, but that is exactly what happened. In the end, Joe won his benefits, but not before five years, three remands, and two hearings had passed. Fortunately for Joe, by the time his appeal was half over, he had graduated from law school and had applied his knowledge and training in researching the law and forming