Expediting Vocational Assessment At Steps 4 and 5?
Social Security has requested approval from the Office of Management and Budget (OMB) for proposed "Regulatory revisions related to expediting the vocational assessment at steps 4 and 5 of the sequential review process."
It is something of a charade to have VE testimony. My experience is that an experienced ALJ will form an RFC based on the result he or she desires. Looks to me the same result will be obtained with a "check box." The real point is persuading the ALJ not the VE
DI 25005.005 Expedited Vocational Assessment at Steps 4 and 5 of Sequential Evaluation is the most recent policy change (effective 7/26/11) and it affects only the DDS, not ODAR. It expands a policy to non-prototype states that expedites step 4 analysis when step 5 results in a denial anyway. It is intended to relieve the time-suck of fully documenting all Past Relevant Work and determining the relevant DOT codes before moving on to what will be a denial at step 5 anyway in a younger individual. This change has been under contemplation for quite some time, prototype states already had it. https://secure.ssa.gov/poms.nsf/lnx/0425005005
"Most" of these cases will be for those who are 49 and younger. A denial is a denial- is a denial. Step 4 has been very time consuming, many times these cases tend to fall through the cracks because the examiner tries to call or mail letters to resolve Step 4, but the claimant never responds and the case sits around for weeks and weeks with no resolution until a supervisor or someone gets on the case to adjudicate it.
You'll see over time, much, much, much quicker denials going through the pipelines. The prototype states have been doing this VERY successfully for many years. The data can be found in the OIG reports.
Curious what this means. Not sure how you can make the vocational assessments faster.
ReplyDeleteget rid of the VE, develop a computer program/database that essentially works as a "check the box" program.
ReplyDeleteCheck the box would make more sense than a lot of the VEs do. . .be more consistent, too.
ReplyDeleteIt is something of a charade to have VE testimony. My experience is that an experienced ALJ will form an RFC based on the result he or she desires. Looks to me the same result will be obtained with a "check box." The real point is persuading the ALJ not the VE
ReplyDeleteDI 25005.005 Expedited Vocational Assessment at Steps 4 and 5 of Sequential Evaluation is the most recent policy change (effective 7/26/11) and it affects only the DDS, not ODAR. It expands a policy to non-prototype states that expedites step 4 analysis when step 5 results in a denial anyway. It is intended to relieve the time-suck of fully documenting all Past Relevant Work and determining the relevant DOT codes before moving on to what will be a denial at step 5 anyway in a younger individual. This change has been under contemplation for quite some time, prototype states already had it.
ReplyDeletehttps://secure.ssa.gov/poms.nsf/lnx/0425005005
"Most" of these cases will be for those who are 49 and younger. A denial is a denial- is a denial. Step 4 has been very time consuming, many times these cases tend to fall through the cracks because the examiner tries to call or mail letters to resolve Step 4, but the claimant never responds and the case sits around for weeks and weeks with no resolution until a supervisor or someone gets on the case to adjudicate it.
ReplyDeleteYou'll see over time, much, much, much quicker denials going through the pipelines. The prototype states have been doing this VERY successfully for many years. The data can be found in the OIG reports.