CASE EXAMPLES AND INJURIES
Substantial Gainful Work Activity
- A Vocational Expert evaluation can make an objective determination of the claimant’s ability to perform substantial gainful work activity given their age, education, past work experience, and residual functional capacity. A vocational evaluation can document the claimant’s inability to work at a competitive rate given their medical impairments.
Neck Injury - Registered Nurse - Nancy Martinez, a 34-year-old Staff Nurse for eight years with a Bachelor of Science in Nursing, sustained multiple cervical herniated discs resulting in a fusion which negatively affected her ability to sit, stand, walk, lift, and carry. Based on the vocational interview, record review, and transferability of skills analysis, it was determined by the OAS Vocational Expert that due to her severe pain, she could not perform even sedentary type jobs.
Transferability Skills
- Many claimants’ cases depend on if their previously learned skills can be transferred to jobs requiring sedentary or light physical demands. The OAS Vocational Expert will provide the proper DOT Code and skills inherent in the claimant’s occupation if any. He will consider if the claimant’s skills are transferable to other occupations requiring less physical demands. In addition, consideration will be made if the claimant’s impairment’s preclude any transferable skills. Remember jobs that are classified as unskilled have NO transferable skills. Also skills learned from jobs 15 years previously are NOT transferable.
Chronic Pain Syndrome (RSD) - Union Carpenter - Joseph Carson, a 51-year-old journeyman union carpenter for 18 years with a High School education, sustained a severe neck injury which after surgery resulted in Chronic Pain in his neck radiating down bot arms. Joseph’s treating physician limited him to performing sedentary work activities. His vocational testing results were below average. The OAS Vocational Expert’s opinion was that Joseph’s skills were not transferable to jobs of a sedentary nature and thus, he could not perform any “substantial gainful work activity”
Significant Number of Jobs
- U.S. and State Government labor market statistics only detail the number of jobs that exist for no more than 250 jobs. Thus, many vocational experts’ testimony about the number of jobs which exist in the local and national economy is speculative. Many times, the government’s vocational expert does not provide the correct DOT Number of the claimant’s job or alternative jobs.
Respiratory Impairment - Firefighter - Dan Martin, a 40-year-old Firefighter with a high school education, developed severe chronic obstructive pulmonary disease from working around the World Trade Center site. He was limited to perform work requiring sedentary physical demands, but had a variety of environmental limitations. The OAS Vocational Expert performed vocational testing, reviewed the medical records, and determined using U.S. Government labor market surveys that the number of jobs that Dan could perform was so small that they did not exist in significant numbers in the local or national economy.
Sit - Stand Option
- Some cases can be won by documenting the claimant’s inability to work even with a sit/stand jobs. Government vocational experts are “creative” in their testimony in documenting jobs that can be performed with this modification as well as the number of jobs which exist allowing a person to sit and stand at will.
Back Injury - Machine Operator - Homer Parks, a 25-year-old Machine Operator with an 8th grade education, injured his lower back. The RFCE from his treating physician limits his ability to: sit for 20 minutes, stand for 20 minutes, and lift 10 pounds throughout an eight-hour day. He experienced a “moderate” depression due to his injury. The OAS Vocational Expert performed vocational testing, reviewed the medical records, and determined that Homer could not perform any sit/stand jobs on a full-time, competitive basis.
Closely Transferable Jobs
- Claimants who are 59 and above who have performed semi-skilled or skilled jobs require a vocational evaluation to determine if their previously learned skills are “closely transferable” to jobs within the same industry. Again, proper DOT Code Numbers are imperative to perform this transferability skill’s analysis, which can only be done using a computer analysis.
Ankle Fracture - Union Electrician - Carl Mathews, a 60-year-old journeyman union electrician for 24 years with a High School education, sustained a severe right ankle fracture requiring fusion. Carl’s treating physician limited him to performing sedentary work activities. His vocational testing results were below average. The OAS Vocational Expert’s opinion was that Carl’s skills were not “closely” transferable to jobs within his industry and thus, he could not perform any “substantial gainful work activity.”
Non Exertional Impairments
- A vocational evaluation is necessary to make a determination whether a Non-Exertional impairment such as a hand injury which affects manipulation can preclude a claimant’s ability to work.
Arm Injury - Secretary - Tracy Simpson, a 57-year-old legal secretary for 20 years with a High School education, sustained a severe nerve injury to her left dominant hand which negatively affected its repetitive use. Comprehensive vocational evaluation testing indicated right upper extremity limitations in dexterity and coordination, and the severe pain affected her concentration. The OAS Vocational Expert reached an opinion that Ms.Simpson could not work as a secretary or perform other “one hand jobs” for which her skills could be transferred due to her severe pain and physical restrictions.
Psychiatric Impairments
- A vocational evaluation can document how an individual’s inability to cope with co-workers, requires “low stress” jobs, impaired concentration, or inability to stay on task effects the claimant’s ability to be competitively employed.
Psychiatric Injury - Tractor Trailer Driver - Mike Kennedy, a 35-year-old trucker for ten years with an 11th grade education, due to an accident was diagnosed with severe depression and had attempted to commit sustained twice requiring hospitalization. Vocational indicated severe vocational limitations. The OAS Vocational Expert’s opinion was that Mike was not competitively employable.
Poor Attendance
- Sometimes, the claimant’s physical or emotional impairments result in the claimant regularly missing work on a regular basis. This has a great effect on the claimant’s ability to obtain and maintain employment. A vocational evaluation will document how poor attendance will negatively affect the claimant’s ability to perform substantial gainful activity.
Traumatic Brain Injury - Construction Laborer - Richard Cain, a 43-year-old construction laborer for sixteen years with an 7th grade education was involved in an on the job accident where he fell from a scaffold hitting his head. In his accident, he sustained a traumatic brain injury which resulted in severe cognitive limitations, including impaired memory and concentration and easy frustration. Vocational and neuropsychological testing indicated severe vocational limitations. His treating neuro-psychiatrist indicated at most he could sustain 2-3 days a week of work activity.. The OAS Vocational Expert’s opinion was that Richard was not competitively employable as he could not work every day due to his cognitive limitations and requiring structure and support to perform and work activities.
Under 50 years of Age
- The government’s grid is tilted against a claimant 50 years or younger. It is important to have a vocational evaluation performed to obtain a vocational expert opinion as to whether a claimant can perform substantial gainful work activity given their reduced Residual Functional Capacity.
Back Injury - Police Officer - Peter Carson, a 28-year-old Police Officer with 2 years of college, injured his lower back in a line of duty accident. The RFCE from his treating physician limits his ability to: sit for 15 minutes, stand for 20 minutes, walk 15 minutes, and lift and carry no more than 5 pounds throughout an eight-hour day. He experiences chronic pain in his back, which radiates down both legs increasing with exertion. The OAS Vocational Expert performed vocational testing, reviewed the medical records, and determined that Peter could not perform any substantial gainful work activity on a sustained, full-time, competitive basis.
Non-English Speaking
- The inability to speak English significantly limits a claimant’s inability to perform work in the United States. If they have a reduced physical capacity, a vocational evaluation can document the claimant’s inability to work. OAS is capable of evaluating Spanish speaking claimants and comparing the results to a Spanish population norm group.
Neck Injury - Home Health Aide - Carla Rodriguez is a 47-year-old Home Health Aide for twelve years. She is illiterate in English and went to the 8th grade in Brazil. She sustained a neck injury resulting in C4, C5, C6 herniated discs resulting in severe pain which limits her ability to sit, stand, walk, lift, and carry. Based on the vocational interview, record review, transferability of skills analysis, and vocational testing it was determined by the OAS Vocational Expert that due to her severe pain and illiteracy in English, Carla could not perform even sedentary type jobs.
35 years of Heavy Arduous Labor
- The vocational expert can provide the correct DOT code to document that the claimant’s work was unskilled and required Heavy to Very Heavy physical demands.
Back Injury - Construction Laborer - Sam Brown is a 58-year-old Construction Laborer for 36 years with a 12th grade education. Vocational test results on the WRAT demonstrated below average academic ability. The OAS vocational expert was able to document limited transferable skills and academic ability in the 3rd grade level. The OAS Vocational Expert reported that Mr. Brown was unemployable due to his approaching advanced age, marginal functional education, and past experience of unskilled work with no transferable skills to sedentary type work.
OAS
New York, Lodi/Hackensack, Toms River, Cherry Hill, Connecticut, Florida
800-292-1919; 973-365-2722 (Fax)