Social
Security uses an obsolete publication to identify jobs that a
disability claimant may be able to do. These jobs, in turn, are often
used to deny disability claims. The publication required by Social
Security decision makers is The Dictionary of Occupational Titles (DOT),
first published in the 1930s and last updated in 1993. The DOT
describes 12,569 jobs. Many of them are obsolete, from a bygone era.
Here are a few of the more ridiculous jobs found in the DOT. The DOT
code number is given, to prove this is no joke.
The US Department of Labor considers the DOT to be obsolete. However, the Social Security Administration considers it their primary vocational resource--the definitive guide to jobs in the modern age. Judges are required to confirm that any vocational testimony "confirms to the DOT." Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude: If it's in the DOT, it's Gospel.
This could be one reason your disability claim was denied: reliance upon such solid data as the DOT. Some federal courts have taken notice of denials based on DOT data and have reversed the decisions on appeal.
- Horse Identifier DOT Code 153.387-010
- Horse and Wagon Driver 919.664-010
- Butter Melter 523-585-010
- Animal Impersonator 159.047-018
- Bucket Chucker 664.685-014
- Belly Roller 583.685-094
- Side Splitter 525-684-018
- Worm Picker 413-687-010
- Egg Smeller 521.687-042
- Bowling Ball Weigher 732.487-010
- Coach Driver, DOT Code 349.677-014. The DOT job description reads: "May clean or polish vehicle such as a carriage, wagon or cart."
The US Department of Labor considers the DOT to be obsolete. However, the Social Security Administration considers it their primary vocational resource--the definitive guide to jobs in the modern age. Judges are required to confirm that any vocational testimony "confirms to the DOT." Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude: If it's in the DOT, it's Gospel.
This could be one reason your disability claim was denied: reliance upon such solid data as the DOT. Some federal courts have taken notice of denials based on DOT data and have reversed the decisions on appeal.
The primary argument we make in appeals is not the DOT, however. We usually find more fertile ground in using medical evidence to show that the claimant's Residual Functional Capacity (RFC) is more restricted in reality than Social Security believed it was. In short, we will show that the claimant cannot stand, walk, sit, stoop, lift, push/pull or stay focused as well as the Social Security decision maker determined. Thus, the whole decision was wrong and a better decision should be made at the appeal level.
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