PA 350 – Social Security Disability Law – Unit 7

The Role of the Vocational

Expert

This Week's Seminar Agenda

Administrative News and Notes

Review of Unit 6

In-Depth Survey of Unit 7 Content;

Final Comments

Review of Unit 6 Outcomes

Explain the importance of the administrative hearing to a claimant’s case.

Request a hearing for your claimant.

Describe the typical hearing format. Prepare for an administrative hearing.

Summary of Unit 7:The Role of the Vocational Expert

As you will recall, in Unit 3 we discussed “The Five-Step Sequential Evaluation Process." Step 4 of the 5-Step process related to the past relevant work of the claimant.

As your text notes on page 148, “At Step 4 the question specifically concerns whether work performed within the past fifteen years can now be performed, measured retrospectively from the date of the hearing.”

If the claimant can return to his or her past work, the claimant will be deemed NOT disabled. Naturally, Step 4 is very important to the outcome of your case.

Outcomes for Unit 7

Identify the importance of a claimants’ past work experience.

Describe the role of the Vocational Expert (VE) during an administrative law hearing. Find and the importance of occupation titles.

Unit 7: Role of Vocational Expert (1)

Chapter 10: Past Relevant Work (1)

The Import of Past Relevant Work

Significance of Regulatory Vocational Factors

Importance of Detailed Description of Past Work

Age Education and Skill as Vocational Factors

Unit 7: Role of Vocational Expert (2)

Chapter 10: Past Relevant Work (2)

Using a Vocational Expert at Step 4 of the Process

Materials Reviewed by the VE Prior to the Hearing

Why use a vocational expert?

Age Education and Skill as Vocational Factors

Unit 7: Role of Vocational Expert (3)

Chapter 10: Past Relevant Work (3)

Inquiry by Administrative Law Judge at Step 4

Applying the RFC at Step 4

Other Considerations

Sample Problems

Unit 7 Discussion BoardPerformance of Past Work

John Stock is a modern day example of someone who has “pulled himself up by his bootstraps.” After graduation from high school, John worked full-time as a stock clerk at a local grocery store. Although John was generally happy in life, he always aspired to achieve more and took college classes at night while working full-time at the grocery store. After receiving his college degree, John decided he would attend a part-time law school that offered evening classes.

Although it took John almost 15 years to complete his college and law school course work, John had finally achieved his goal of becoming an attorney. John accepted a job at a local litigation firm, but eventually began to suffer bouts of extreme anxiety when appearing in court. The anxiety became so bad that John became unable to talk during court and had to leave his position. John tried other types of legal work, but could not stop his bouts of anxiety. John has applied for disability because he can no longer practice law; however, John believes he could return to stocking shelves.

Discuss the role of education as a vocational factor? If John is deemed NOT disabled by virtue of the fact that he can perform past work, is that fair? Please explain your answer in detail and back up your argument with information from your textbook.

Unit 7 AssignmentThe following is the job title and occupational information for a Professional Athlete from the Dictionary of Occupational Titles as promulgated by the Department of Labor.

Participates in professional competitive athletic events, such as football, boxing, and hockey, to entertain audience: Exercises and practices under direction of ATHLETIC TRAINER (amuse. & rec.; education) 153.224-010 or COACH, PROFESSIONAL ATHLETES (amuse. & rec.) 153.227-010 to train for sport. Plays game and engages in sport conforming to established rules and regulations. Athletes are identified according to professional sport in which engaged. May speak, as representative of team or professional sports club, to groups involved in activities, such as sports clinics and fund raisers.

After reviewing the job title and occupational information for an athlete such as McDivet, discuss McDivet’s claim with respect to work tasks, knowledge, skills, abilities, work activities, work context, interests and work values in a memorandum to your supervising attorney. [Note – on-line course assignment page has an active link to occupational info.]

Unit 7 To-Do List

Read Wolfe & Proszek Chapter 10

Review Unit 7 Key Terms

Respond to the Discussion Board - 16 Points

Attend the Weekly Seminar - 4 Points

Complete and Submit the Unit 7 Written Assignment - 100 Points

Preview of Unit 8:The Post-Hearing Process

If an adverse ruling is received from the Administrative Law Judge (ALJ), you may consider further review of your case. The Social Security Administration passed a final rule in 2006 that has transitioned the next step in the appeals process from the Appeals Council to the Decision Review Board. Click here for a comparison of the old and new system, which has been rolled out on a region-by-region basis. [Live links are available in the on-line home page for Unit 8.]

As you can see, the rule became effective as of August 1, 2006. Although the role of the Appeals Counsel is being eliminated, you will still want to review Chapter 15 of your textbook for an understanding of the role of the Appeals Counsel and how it differs from the role of the new Decision Review Board (DRB).

Good Evening!

See you next week for:

Unit 8: The Post-Hearing Process