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Topic: Need Help with Grid Rules  (Read 1065 times)
marymoore
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« on: January 09, 2017, 11:43:31 AM »

Just read the CD given to me after my ALJ hearing.
Need help with understanding Grid rules. The Vocational Expert classified my job in two parts.
I am 61 years old, was 59 at time of filing. I have a college degree.

1) Semi skilled, sedentary, light
2) Unskilled, light, light, no transferable skills

What does this mean for interpretation of the grid rules when they split the job this way?
Thanks for any help.
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Name: Mary
Different Perspective
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« Reply #1 on: January 09, 2017, 06:27:57 PM »

This is very contradictory.  The Vocational Expert classified the same job as semi-skilled and unskilled??   S/he classified the same job as light and sedentary?? 

What is your Past Relevant Work?  Was it heavy, or sedentary?

For what reason did the ALJ give you a copy of your CD post Hearing?  I have never heard of this happening.  Have you received a written decision of your case?  Is the CD an audio CD of the Hearing?  In my opinion it is highly improbable that any written information would be available 5 days after a Hearing. 

More, much more, information is needed before even thinking about the Grid.

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Additional Info: My Different Perspective comes from a lifetime of being near, working with and for those with disabilities, working for the Easter Seal Society, working for the Disability Determination Services (20+ years) and working as a case assistant to an attorney who, until he retired, worked on SSA disability cases exclusively and have attended approximately 185 Hearings. I have great empathy for the truly disabled and greater antipathy for those who try to game or scam the system. With my background, I quickly make distinctions between the two. I am ready to admit my error as soon as the evidence proves me wrong. Any posts I make are based on my experience, memory and current research. Anything, particularly opinions, I post should be verified by someone who has access to the entire case record and not just selected shorts offered by those seeking information, preferably by a competent attorney or non-attorney representative who thoroughly understands SSA law.
marymoore
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People helped 2
Gender: Female
Posts: 24


« Reply #2 on: January 09, 2017, 11:06:27 PM »

I'm very sorry this is my error, the CD was given to me right before the ALJ session by the clerk. On the CD is a report from the Vocational Expert, a Past Relevant Work Summary, analyzed by the VE from 12/2016.
 There are two job titles:
1) Semi skilled, sedentary, light
2) Unskilled, light, light, no transferable skills

My ALJ meeting was last week.

Thanks. Hope this makes sense.
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Name: Mary
Different Perspective
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People helped 551
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« Reply #3 on: January 10, 2017, 01:38:09 AM »

"Hope this makes sense."  Reply #2.

Sadly, not really.  

Did you have an ALJ Hearing in 2014?  What happened 12/2016?  What did the Vocational Expert analyze in 12/16?  VE's do not normally play a part in the process until the time of the Hearing - and then only to respond to questions posed by the ALJ about the ability of a hypothetical worker of the same age, education, and Past Relevant Work as the claimant to perform PRW or other than PRW.  In responding to these questions the VE will only consider the physical and/or mental limitations the ALJ provides.

"Semi skilled, sedentary, and light are characteristics of a job, not job titles.  Sedentary and light refer to the physical requirements of the job.  A job can be either semi-skilled and sedentary, or semi-skilled and light.  It cannot be both.   Electrocardiograph technician (Dictionary of Occupational Titles code 078.362-018) requires light physical strength and is considered a semi-skilled job.  Egg breaker or egg smeller (DOT code 521.687-042) is classified as light, unskilled work.  "No transferable skills" would be a determination made by the VE as to whether the skills obtained as an egg breaker can be transferred to other job titles.  

Did the ALJ provide the VE with hypothetical questions before the Hearing in an effort to allow the case before the Hearing?  If so, when did the ALJ provide this information?  Was there a VE at the Hearing?
How did your representative respond to the VE analysis and/or testimony during the Hearing.  

P.S., you should have been given a copy of the case file weeks before the Hearing - at the time the Hearing was scheduled, or as early as the case was accepted by the Office of Disability Adjusication and Reciew.  The copy given at the time of the Hearing should have been just for you to verify that any new information you provided was in the file.  
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Additional Info: My Different Perspective comes from a lifetime of being near, working with and for those with disabilities, working for the Easter Seal Society, working for the Disability Determination Services (20+ years) and working as a case assistant to an attorney who, until he retired, worked on SSA disability cases exclusively and have attended approximately 185 Hearings. I have great empathy for the truly disabled and greater antipathy for those who try to game or scam the system. With my background, I quickly make distinctions between the two. I am ready to admit my error as soon as the evidence proves me wrong. Any posts I make are based on my experience, memory and current research. Anything, particularly opinions, I post should be verified by someone who has access to the entire case record and not just selected shorts offered by those seeking information, preferably by a competent attorney or non-attorney representative who thoroughly understands SSA law.

« Last Edit: January 10, 2017, 05:33:27 AM by Different Perspective »
marymoore
~ Copper ~
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People helped 2
Gender: Female
Posts: 24


« Reply #4 on: January 10, 2017, 09:56:40 AM »

?? Are you ok?
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Name: Mary
Helper
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People helped 198
Gender: Female
Posts: 2046


« Reply #5 on: January 10, 2017, 10:06:55 AM »

?? Are you ok?

I am confused by your post.  Different Perspective wrote a long reply to your previous question(s) with some examples of sedentary/semi-skilled & light/unskilled jobs.  You did not need to (& should not) necessarily answer all of the questions in a public forum. But asking if DP was ok doesn't make sense as a response.
Logged
Age at Application: 26 age of onset (but I did not apply until 28)
Date Applied: August 2011
First Approval/Denial Date: November 2011
Additional Info: I was fortunate to be approved on my initial application due to extensive medical records (12+ doctors) & documentation of unsuccessful work attempts even with significant accommodations

« Last Edit: January 10, 2017, 10:10:24 AM by Helper »
Different Perspective
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People helped 551
Posts: 2940


« Reply #6 on: January 10, 2017, 12:22:51 PM »

Are you ok?  Reply #4.

Yes, I am doing quite well, thank you.  I had a great morning as I have found resources to help a victim of recent flooding.

How about you?  I hope you are doing well. 
Logged
Additional Info: My Different Perspective comes from a lifetime of being near, working with and for those with disabilities, working for the Easter Seal Society, working for the Disability Determination Services (20+ years) and working as a case assistant to an attorney who, until he retired, worked on SSA disability cases exclusively and have attended approximately 185 Hearings. I have great empathy for the truly disabled and greater antipathy for those who try to game or scam the system. With my background, I quickly make distinctions between the two. I am ready to admit my error as soon as the evidence proves me wrong. Any posts I make are based on my experience, memory and current research. Anything, particularly opinions, I post should be verified by someone who has access to the entire case record and not just selected shorts offered by those seeking information, preferably by a competent attorney or non-attorney representative who thoroughly understands SSA law.
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