Art Kaufman M.Ed., ADR, CRC, CDMS, D-ABVE Hillsboro, New Hampshire The Claimant’s and Yours Property of Accu-Pro Disability Advocates - All rights Reserved

Skill Transferability in Social Security Disability

Cases –

Art KaufmanM.Ed., ADR, CRC, CDMS, D-ABVE

Hillsboro, New Hampshire

The Claimant’s and Yours

Property of Accu-Pro Disability Advocates - All rights Reserved

What Is a Skill? A Skill is the ability to do something well.

White Cloud was skilled at hand-to-hand combat. His face paint tells us so.www.nga.gov/education/classroom/heroes_and_heroines/glossary.shtm


NOAA – National Oceanic & Atmospheric Admin.

Defines Skill as: The average accuracy of the forecasts in the sample relative to the accuracy of

forecasts produced by a reference method. Examples of a suitable reference include forecasts of recurrence, persistence, sample climatology, or the output of a forecast model. Skill can be measured by any number of so-called skill scores. When based on mean square error, the skill score is defined as:

where MSE is the mean square error of the sample forecasts and MSEr is that of the reference forecasts. For instance, the skill score with respect to sample climatology (SSsc) uses the mean observation over the sample period as the reference forecast. For probabilistic forecasts, where the observations are either 0 or 1, the sample climatology skill score can be written as…

But we know how skilled the weather service is!


A skill is the learned capacity or talent to carry out pre-determined results

often with the minimum outlay of time, energy, or

both... en.wikipedia.org/wiki/Skill


A skill is the learned capacity or talent to carry out pre-determined results often with the

minimum outlay of time, energy, or both… en.wikipedia.org/wiki/Skill


Skill is a measure of a worker's expertise, specialization, wages, and supervisory capacity. Skilled workers are generally more trained, higher paid, and have more responsibilities than unskilled workers… en.wikipedia.org/wiki/Skill_(labor)


Knowing a language consists of several areas, such as reading, writing, listening and speaking. These are called skills...www.linguanet-europa.org/plus/en/glossary.jsp


Knowing a language consists of several areas, such as reading, writing, listening and speaking. These are called skills...www.linguanet-europa.org/plus/en/glossary.jsp


Social Security 101 – The Basics1. You must be disabled for 12 consecutive months

or your condition is expected to result in death.2. You cannot perform Substantial Gainful Activity

(SGA = $980 per month for 2009)3. You have a severe physical and/or psychological

impairment which prevents you from sustaining SGA. Residual Functional Capacity (RFC) determined

4. You cannot perform your previous job. (more later)

5. You cannot perform any other job at the SGA level.


When are skills important? Step 5

Based upon your age, education, and prior work experience jobs do not exist in significant numbers in your region or several regions of the country.

The adversity of age (20 CFR §404.1563 Your age as a vocational factor)

50-54 (Approaching Advanced Age) Light

55 - Retirement Sedentary Little or no vocational adjustment in the terms of tools,

work processes, or work settings.


Social Security Defines a Skill at SSR 82-41 & 20 CFR §404.1568

What a "skill" is. A skill is knowledge of a work activity

which requires the exercise of significant judgment that goes beyond the carrying out of simple job

duties and is acquired through performance of an

occupation which is above the unskilled level (requires more than 30 days to learn).

It is practical and familiar knowledge of the principles and processes of an art, science or trade,

combined with the ability to apply them in practice in a proper and approved manner.


SSR 82-41 Continued This includes activities like making precise

measurements, reading blueprints, and setting up and operating complex machinery.

A skill gives a person a special advantage over unskilled workers in the labor market.

Skills are NOT gained by doing unskilled jobs, and a person has no special advantage if he or she is

skilled or semiskilled but can qualify only for an unskilled job because his or her skills cannot be used to any significant degree in other jobs.

The table rules in Appendix 2 are consistent with the provisions regarding skills because the same conclusion is directed for individuals with an unskilled work background and for those with a skilled or semiskilled work background whose skills are not transferable. A person's acquired work skills may or may not be commensurate with his or her formal educational attainment.


SSR 82-41 Transferability What "transferability" is. Transferability means applying work skills which a person has demonstrated in

vocationally relevant past jobs to meet the requirements of other skilled or

semiskilled jobs. Transferability is distinct from the usage of skills recently learned in school which may serve as a basis for direct entry into skilled work (Appendix 2, section 201.00(g)).


SSR 82-41 Past Work Determination of skill levels of past work. In

many cases, the skill level of PRW will be apparent simply by comparing job duties with the regulatory definitions of skill levels. This is especially true with most unskilled and most highly skilled work. Job titles, in themselves, are not determinative of skill level. Where it is not apparent, the adjudicator or ALJ should consult vocational reference sources; e.g., the DOT and its supplements. A VS is sometimes required to assist the adjudicator or ALJ in determining the skill level of past work.


SSR 82-41 Transferability

Where transferability is at issue, it is most probable and meaningful among jobs in which:

(1) The same or a lesser degree of skill is required, because people are not expected to do more complex jobs than they have actually

(2) the same or similar tools and machines are used & (3) the same or similar raw materials, products,

processes or services are involved. A complete similarity of all these factors is not

necessary. There are degrees of transferability ranging from very close similarities to remote and incidental similarities among jobs.


SSR 82-41 Transferability Generally, the greater the degree of acquired work

skills, the less difficulty an individual will experience in transferring skills to other jobs

except when the skills are such that they are not readily usable in other industries, jobs and work settings.

Reduced residual functional capacity (RFC) and advancing age are important factors associated with transferability because reduced RFC limits the number of jobs within an individual's physical or mental capacity to perform, and advancing age decreases the possibility of making a successful vocational adjustment.


SSR 86-8The Sequential Evaluation Process Step 4 Can the claimant perform their past relevant work

(PRW)◦ Even if the job no longer exists◦ Even if they did not perform their job as it is typically

performed


SEP Continued Step 5 Can the claimant perform any other work which exists

in significant numbers in their region or several regions in the country◦ This is the first point which the Government must prove the

case◦ As workers age (age 50 and age 55) they are not expected to

readily make vocational adjustments.


So what does a SS VE Do?

Classify Past Relevant Work (PRW).◦ SVP & Strength ◦ Eliminate PRW based on RFC if appropriate.

Evaluate Transferability.◦ Delineate what skills were developed by doing their job that

would transfer to other jobs…◦ and how readily do they transfer.◦ Eliminate other jobs that use those transferable.

Eliminate Unskilled Light occupations (age dependent). Eliminate Unskilled Sedentary occupations (age dependent).


Transferability

◦Transferable Skills =

◦ PRW (MPSMS + WF + SVP + DPT); or

◦ GOE Code;

◦SOC; OES; Census


Step 5 SEP

Based upon your age, education, and prior work experience - jobs do not exist in significant numbers in your region or several regions of the country.

What is a significant number? What is the ALJ’s Role What is the Representative’s role?


Problematic RFCs

< Full Range of Light/Sedentary 1-2 Step Occupations Allowable Absences Acceptable Pace Areas not Addressed in the DOT/SCO Alternating Sit/Stand/Walk Concentration Problems


And in the end…

That’s a Skill

Title: Juggler

DOT Code: 159.341-010

Tasks 1. Juggles and balances objects, such as balls, knives, plates, tenpins, and hats, to entertain audience.

DLU: 1977

Strength – LSVP 6

Skill Transferability in Social Security Disability

Cases

Art KaufmanM.Ed., ADR, CRC, CDMS, D-ABVE

Hillsboro, New Hampshire

www.accuprodisabilityadvocates.com


Documents

Art Kaufman M.Ed., ADR, CRC, CDMS, D-ABVE Hillsboro, New Hampshire The Claimant’s and Yours Property of Accu-Pro Disability Advocates - All rights Reserved