The Social Security Administration (SSA) uses a publication called the Dictionary of Occupational Titles (DOT) in determining vocational frameworks in the disability determination process. Michael J. Astrue, Commissioner of Social Security, has established an advisory panel. This pane will review possibilities of replacing the DOT. This is a long awaited review.
The DOT has not been updated since 1991. The DOT lists all of the potential jobs in the United States. It includes a brief description of the job and indicates what strength level and skill level is required to perform the job. This is the publication SSA then uses when determining if a person is able to perform any past jobs or any job in the National Economy. The criteria for a person claiming disability is proof that you are unable to perform any job in the National Economy, on a full time, competitive basis.
Some jobs listed in the DOT have not been revised or revisited since the 1970’s. SSA has relied on this publication for decades. When the DOT was revised on a regular basis, it had accurate descriptions of jobs existing in the economy. This is no longer the case. Social Security does require vocational experts to appear and testify at hearings to confirm whether their hearing testimony is consistent with the DOT.
The biggest problem with working with an outdated publication such as the DOT is that there are dramatic changes in the market over time. For example, for many years, the economy was comprised of mostly industrial jobs. Now, these jobs have been replaced as a result of newer and more efficient manufacturing processes. Some jobs do not exist at all. Additionally, some new service based jobs do not even exist in the DOT. In the 1970’s computer usage was minimal, now it is a primary function for most people in the economy.
At hearings, vocational experts are asked questions by the Administrative Law Judge. This vocational expert must testify referencing the DOT and indicate that his or her testimony is consistent with the DOT. Yet, the DOT no longer accurately reflects the current market. Therefore, the vocational expert must rely on experience to explain variances between testimony and the DOT. This results in varied and subjective testimony which cannot be verified.
It is important to have someone with experience on your side to help question a vocational expert at a Social Security disability hearing. Visit one of Disabilitylawyer.com Social Security disability attorneys today for a free consultation regarding your Social Security disability claim and your rights.
