Wonkblog at the Washington Post decided to look into the question of whether people who are about to lose their unemployment insurance benefits will go on Social Security disability benefits and finds plentiful evidence that that hasn't happened in the past. The article, unfortunately, goes on to discuss the theory that because job openings aren't as plentiful now as they used to be that Social Security has to approve more disability claims, a theory that cannot hold water since the Social Security Act says that the availability of job openings is completely irrelevant in the determination of disability but, hey, that theory sounds plausible if you've never read the Social Security Act and you don't bother to talk with anyone who has.
Strange I had two claimants today that were both on unemployment after filing for Disability. Of course I had to ask them if they had signed a form saying they were ready, willing and able to accept a job. Always fun.. It's always all about the money..
ReplyDeleteYou can be ready, willing, and able to work and still be disabled under the Grids.
ReplyDeleteSo many people over age 50 can both be ready, willing, and able to work at the sedentary level and still be disabled.
What is so often overlooked is that you can be ready, willing and able to take any job in which you learn less than SGA.
ReplyDeleteOr ready willing and able to work IF an employer gives them job accommodations for their disability.
ReplyDeleteAnd many states define employment as full and part-time jobs.
ReplyDeleteI beleive there are a significant number of claimants who clearly meet a listed impairment, but who possess exceptional skills and/or motivation and who work at levels above SGA when work is available. When work is not available, they file new claims or seek expedited reinstatement and are approved.
ReplyDeleteCharles,
ReplyDeleteYour last contention is correct on its face, but I think you neglected the practical/pragmatic ramifications of the lack of job openings.
What I mean is this: sure, the Regs, etc. don't care if there are actually job openings. But ALJs can be sympathetic to the employment picture and pay cases they maybe wouldn't based on the economy, the claimant's particular circumstances (i.e. where they live, their work history, the only major employer in town/claimant's former employer going out of business, etc.). I didn't read the article, but perhaps this is what it meant?
Of course, I have no data on this (and I believe it would be nearly impossible to gather), but I do have a great deal of anectodal evidence and personal experience seeing ALJs do this, and not rarely.
The GRIDS are predicated on considering the ability of "older" (50 or older) workers to find jobs -- that is the rationale behind paying people who are perfectly capable of doing some type of sedentary or even light work
ReplyDeleteAnon 1:38:
ReplyDeleteThe availability of job openings in irrelevant so the grids are not predicated on the ability of older workers to "find jobs" but rather addresses whether jobs exist which the claimant can perform.
Frankly, older workers with non-sedentary past work and severe impairments are going to be at a great disadvantage in the current job market. However, that is not a factor in disability determination, although perhaps it should be considered, IMHO.
@ 9:31
ReplyDeleteabsolutely incorrect. The GRIDS are based on a faulty belief that no one will hire someone age 50 or above. It may have been somewhat true 40 years ago, when the DOT was created, but it's complete garbage today, where nearly every job in the country is light or sedentary (and frankly there are also millions of jobs that are less than sedentary, even though the DOT erroneously thinks no such job exists). People are working longer. 50 today is the new 30, where you've got at least 20 more years before retirement.
I've never worked a job since college where I had a standing/walking requirement of more than 5 minutes in an 8 hr workday or with a lifting req of more than a few pieces of paper. Neither have you.
@10:23
ReplyDeleteNo standing or walking more than 5 minutes in an 8 hour workday? It would be rare to find an unskilled job like that.