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SSA Updates Occupations List Used in Disability Evaluation Process
The Social Security Administration (SSA) announced on June 24, 2024, that the agency will be updating the list of occupations used in the disability evaluation process. This update aims to reflect the current job market and ensure that evaluations are more accurate and relevant to today’s workforce. The new list will help in determining disability claims more effectively, considering the modern occupational landscape and its demands.
The Problem with Outdated Job Listings
When it comes to evaluating disability claims, the accuracy of job listings is crucial. Before granting full disability benefits, the SSA seeks to determine if there is any type of work the applicant can perform. If the SSA finds that the applicant can perform some type of work, even if it is different from their previous job, they may not qualify for full disability benefits.
If the SSA is referencing outdated job listings, this can lead to several significant issues. Outdated job descriptions may not accurately reflect the current job market, the skills required, or the physical and mental demands of modern occupations. This mismatch can result in inaccurate assessments of an applicant’s ability to work. Consequently, claimants may be unfairly denied full benefits if the SSA incorrectly determines that they can perform work that no longer exists or has substantially changed.
Such discrepancies undermine the fairness and reliability of the disability determination process, highlighting the urgent need for the SSA to update its occupational references to ensure accurate and equitable evaluations.
Understanding the SSA's Disability Evaluation Process
The SSA follows a detailed process to evaluate disability claims, ensuring that only those who are truly unable to work due to a medical condition receive benefits. This process involves several key steps:
The SSA first determines if the applicant is currently working and earning more than the SGA limit. If an individual is working and earning above this threshold, they are generally not considered disabled. The SGA limit is an income threshold set by the SSA, which changes annually. If an applicant is earning more than this amount, their claim will likely be denied at this initial stage.
If the applicant is not earning above the SGA limit, the claim is forwarded to the Disability Determination Services (DDS). DDS is responsible for making the initial decision on disability claims. They gather and review the applicant’s medical records, treatment history, and any additional information needed to assess the severity of the condition. They may also require the applicant to undergo consultative examinations if more information is needed.
At this stage, DDS assesses whether the applicant's medical condition significantly limits their ability to perform basic work activities. If the impairment is not severe, the claim is denied at this step. If the impairment is severe, the evaluation proceeds to the next stage.
DDS checks if the applicant's condition meets or equals one of the listed impairments in the SSA's Blue Book, officially known as the "Disability Evaluation Under Social Security." The Blue Book. contains specific criteria for various impairments that are considered severe enough to prevent a person from working. If the condition matches a listed impairment with the required severity, the applicant is considered disabled. If not, the evaluation moves to the RFC assessment.
If the applicant's condition does not meet a listed impairment, DDS evaluates the applicant's Residual Functional Capacity (RFC). The RFC measures what the applicant can still do despite their impairment. This involves assessing physical, mental, and sensory limitations. The SSA then determines if the applicant can perform any of their past relevant work based on their RFC.
The Medical-Vocational Expert (MVE) plays a crucial role at this stage. MVEs provide expert opinions on whether the claimant can perform their past relevant work given their RFC. They analyze the physical and mental demands of the claimant's previous jobs and compare them with the claimant's current capabilities. If the MVE determines that the claimant can perform past relevant work, the claim is denied. If they cannot perform past relevant work, the process moves to the next step.
At this final stage, DDS considers whether the applicant can adjust to other work that exists in significant numbers in the national economy, given their RFC, age, education, and work experience. The MVE is involved again to identify suitable jobs in the national economy that the claimant can perform despite their limitations. They provide expert testimony regarding the availability of these jobs and whether the claimant can perform them. If the applicant can perform other work, the claim is denied; if not, the applicant is deemed disabled.
If a claim is denied, the claimant has the right to appeal. The appeals process can include reconsideration, a hearing before an ALJ, review by the Appeals Council, and federal court review. During these stages, the case may undergo a closed case review, where additional evidence and expert testimony are considered to ensure a fair decision.
What is the Dictionary of Occupational Titles (DOT)?
The Dictionary of Occupational Titles (DOT) is a publication developed by the United States Department of Labor that was first published in 1939. It provides detailed descriptions of thousands of occupations, including information on the tasks, responsibilities, and physical and mental demands of each job. The DOT was used extensively by various agencies, including the SSA, to classify jobs and assess individuals' ability to work, particularly in the context of disability evaluations.
The Department of Labor stopped using the DOT in 1991, however, the SSA continued to use it as a reference for determining disability status for claimants. For years, the SSA was criticized for relying on an outdated resource that had not been updated since 1991. Critics argued that the outdated job descriptions and classifications in the DOT did not accurately represent current occupations, leading to potential inaccuracies and unfairness in the disability evaluation process. This ongoing reliance on the DOT prompted calls for the SSA to update its occupational references to better align with contemporary labor market conditions and the realities faced by workers today.
The Process of Modernizing the Occupations List
On June 24, 2024, the SSA announced it had identified 114 occupations that will be removed from the Dictionary of Occupational Titles (DOT). These occupations were found to exist in very limited numbers or not at all in the current U.S. job market. Examples of such outdated occupations include "telegraph operator," "canary breeder," and "paperhanger." This update aims to ensure that disability evaluations are based on relevant and accurate job data, reflecting the modern labor landscape.
The SSA also identified 13 occupations in DOT that have been questioned heavily in federal courts. This includes occupations such as "nut sorter," "tube operator," and "magnetic-tape winder." For these 13 occupations, the SSA will implement additional evidence requirements to support a "not disabled" finding, ensuring that these occupations are still viable and relevant in today's job market.
What This Means for You
The modernization of the SSA's occupational references means that disability evaluations will be more aligned with today's job market, potentially leading to more accurate determinations of disability claims. Claimants will benefit from evaluations that consider up-to-date job requirements and labor market conditions, resulting in fairer decisions regarding their eligibility for benefits. This update also aims to reduce the likelihood of unfair denials or inappropriate approvals based on outdated job information, ultimately improving the reliability and credibility of the SSA's disability determination process.
Call Wettermark Keith Today to Discuss Your Case
If you or a loved one has been denied benefits, Wettermark Keith is here to help with your Social Security disability appeal. We understand the complexities of the SSA's evaluation process and are dedicated to advocating for your rights. Let us guide you through the appeals process, gathering the necessary evidence and representing you to secure the benefits you deserve.
At Wettermark Keith™, we have an excellent reputation as one of the most accomplished personal injury firms in the country. We offer a diverse range of practice areas, including personal injury cases, car wrecks, trucking wrecks, nursing home abuse, medical malpractice, work injuries, social security, and VA disability, to name just a few. At Wettermark Keith, we believe in taking cases personally. Our purpose is to practice with care and compassion - to tell our clients' stories and make their voices heard. We achieve this by building strong relationships based on constant communication and an unwavering dedication to truth and trust.
Frequently Asked Questions
The SSA removed 114 DOT occupations that were considered to be outdated or exist in very limited numbers. Examples of these jobs include telegrapher, pay-station attendant, wire-photo operator, impersonator (character), scuba diver, animal breeder, reptile farmer, log grader, stopper maker, watch repairer, and more.
No, the removal of outdated occupations from the SSA's list does not guarantee that you will be approved for disability benefits. Approval for disability benefits depends on multiple factors evaluated through a comprehensive process, which includes assessing the severity of your medical condition, your ability to perform past relevant work, and your capacity to perform other work in the national economy.
To learn more about the updated list of occupations used in the SSA's disability evaluation process, you can refer to the SSA's official press release and the SSA's blog, which provide detailed information about the changes and the rationale behind them. Additionally, you can explore the SSA's publications and guidelines for comprehensive insights into the disability determination process.
The changes went into effect on June 24, 2024. For more detailed information on these changes, you can refer to the SSA's official press release and their policy updates.
If your disability claim is denied, you have the right to appeal the decision. The appeals process includes several stages: reconsideration, a hearing before an Administrative Law Judge (ALJ), review by the Appeals Council, and potentially, a federal court review. During these stages, you may present additional evidence and expert testimony to support your claim.
It is often beneficial to seek the assistance of a legal professional experienced in handling Social Security disability appeals to improve your chances of a successful outcome. Contact Wettermark Keith today for a free consultation to discuss your case and get the expert help you need to navigate the appeals process.
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