If you are currently applying for Social Security Disability (SSD), or you have a loved one going through the process, you know from experience how long you may wait and how much patience it takes to get to the hearing level. Imagine getting to that stage and not getting your benefits because you are told there are jobs available that you could do, even with your disabilities. These jobs could include — nut sorter, pneumatic tube operator and microfilm processor — none of which exist in today’s labor market.
The Social Security Administration (SSA) uses a publication introduced in 1977 called the Dictionary of Occupational Titles, to determine if SSD applicants could work at any job in the local economy.
“This Dictionary would still be functional if it could also transport applicants back in time so they could work at such jobs as envelope addressers, egg processors and dowel inspectors — however, we all know that only happens in the movies,” said Jeffrey M. Freedman, managing attorney, Jeffrey Freedman Attorneys PLLC.
Finally, the Commissioner of the agency, Martin O’Malley, decided they should stop using at least 114 of the jobs that no longer exist, but are still in the Dictionary. This is a step towards a more fair and equitable process for awarding benefits to SSD claimants. The SSA has also contracted with the Bureau of Labor Statistics to develop a modern list of occupations and the skill sets required for those jobs. O’Malley says; however, the new list still requires further study, must go through a long regulatory process, and SSA staff will need training to use the new guide.
David Camp, chief executive officer of the National Organization of Social Security Disability Claimants Representatives (NOSSCR) said, “These updates (the elimination of the 114 obsolete jobs) are a step in the right direction, but we look forward to working with SSA on a more comprehensive solution that sunsets the DOT (Dictionary of Occupational Titles) entirely.”
Freedman continued, “These types of antiquated criteria are the reason it is so critical the attorneys and staff at our firm keep up with what is going on at the SSA and in the local economy. It’s all part of providing our clients with the best possible service so we can succeed in obtaining benefits for them in as timely a fashion as is possible.”