US ATTORNEY AGREES TO REVERSE SOCIAL SECURITY DENIAL WITHOUT ARGUMENT

 

The client here had been denied his social security disability benefits.  The SSA Judge had found that he was not disabled as he was able, according, to the SSA Judge, to do other jobs.  Those were listed by the SSA Judge as light, unskilled jobs of "maintenance work" and "cleaner".

On appeal to the United States Federal Court, I made a very simple argument.  The two jobs listed by the SSA Judge did not exist. In social security disability claims the SSA bears the burden to prove that other jobs exist that a claimant can perform.  The SSA relies upon a large book called the Dictionary of Occupational Titles (DOT) for this proof.  The DOT lists thousands and thousands of jobs. 

On federal appeal, after a complete review of the DOT and its thousands of job listings, I found that there is no job listing per se for light, unskilled "maintenance work".  In regard to "cleaner" I found there were dozens of DOT jobs for "cleaner" but they all posed different intermingling skill and work capacity levels.  Since the two jobs listed by the SSA Judge did not exist per se in the DOT, and it was his burden of proof to show that they did,  I argued to the Court that the SSA failed to meet its burden of proof and the claimant should not have been denied benefits.

Upon review of the Brief submitted on appeal for the claimant, the US Attorney's office readily agreed and with no further argument, asked the Court to reverse the SSA decision and send the matter back to the SSA for re-hearing.

Specialties: Federal workers' compensation (OWCP) Federal medical disability retirement (OPM) Social Security disability (SSA) Veterans Disability (VA) Accomplished legal professional with more 20 years of experience in preparation of complex cases. Expertly represent individuals on claims and appeals before the United States Department of Labor Office of Workers' Compensation Programs, before the United States Office of Personnel Management and Merit Systems Protection Board, and before the United States Social Security Administration. Outstanding practitioner focused on successfully representing complex claims and federal appeals for social security claimants, federal employees, and veterans nationwide. Invited by United States Congress to appear before the United States Congressional Committee of Government Reform 2000 to present summary testimony of oversight findings and recommendations for the reform of the United States Department of Labor, Office of Workers' Compensation programs. Pioneer in establishment of a "cyber" law practice.