PREPARE VOCATIONAL EVIDENCE

We spend a lot of time talking about medical evidence for a Social Security disability claim.  More should be said about preparing vocational evidence for Social Security.  What do I mean by vocational evidence?  It should include an understanding of the following factors.

PAST RELEVANT WORK:  Social Security will consider past work performed during the past fifteen years if that work was performed long enough for the claimant to learn how to do the work.

Concerning Past Relevant Work:  Was it skilled, semi-skilled or non-skilled?  What was the exertion level?  How was it performed?  Why can't the claimant do that work now?

EDUCATION is part of vocational evidence.  A very limited education (7th grade or below) reduces the claimant's ability to transition to other work.  Conversely, a college degree may help the claimant to find skilled work and make a finding of disabled less likely.

RESIDUAL FUNCTION CAPACITY:  This can be thought of in both medical and vocational terms.  It simply means, "What can the claimant still do in spite of his or her impairments?"  If the RFC is not provided by the claimant's doctor, Social Security will determine an RFC based on their consultant's interpretation of the medical record.  Believe me, you don't want that.  You want your doctor to establish the RFC if possible.

SPECIAL TRAINING, SKILLS OR REHABILITATION:  Since the claimant stopped working, has (s)he completed any additional job training, acquired new work skills or undergone any vocational rehabilitation?  

Keep in mind that to be found disabled and qualified for benefits, the claimant must show the inability to (a) perform any past relevant work and (b) perform any other work which is being performed in significant numbers in the local or national economy.  These two key findings are laden with vocational implications that the claimant or his attorney must sort through prior to a hearing.  Failure to prepare for vocational impact on the case would be like a student showing up to take a test for which he has not studied.  It could be a very sad day.
_____________________________
 Charles W. Forsythe has represented hundreds of claimants in disability cases before administrative law judges in Alabama and Tennessee.  He is founder of the Forsythe Firm in Huntsville, AL but also works in Nashville, Chattanooga, Florence, Anniston and Birmingham.  Representatives can charge no fee for their service until after a case has been won and back pay has been collected for the claimant.  Any authorized fee is paid out of the back pay settlement.
Contact Mr. Forsythe at (256) 799-0297 or visit The Forsythe Firm's Website