I experienced a latest Social Security Incapacity listening to for a 59 year old male (John Doe) who experienced been a plant supervisor for a cement business. He experienced been denied his assert by the district place of work on the grounds he retained the capability to do light responsibility get the job done (lifting up to 20 lbs). The district business concluded his position as he did it was medium work (lifting up to 50 lbs). The business office then concluded he could not do the career as he did it but could do the task as described in the Dictionary of Occupational Titles (DOT). The DOT explained the plant supervisor posture as “mild obligation function” as it is normally finished in the nationwide overall economy.
Considering the fact that the district office uncovered he experienced the residual practical capacity (RFC) to do light-weight duty operate and that the plant supervisor work was light responsibility work as defined in the DOT, they denied his declare for incapacity.
In examining Mr. Doe’s scenario with him, I uncovered he experienced less than a higher faculty schooling, that he experienced worked for his employer for 35 several years, that he did not use and fire, that he did not prepare experiences, and that he did supervise two other workers but did a lot of the operate himself. I concluded his occupation sounded much more like a “routine maintenance mechanic” than that of a “plant manager” underneath the DOT. I consulted the ebook and certainly his work did appear to be to seem to be that of a servicing mechanic.
At the listening to in front of the Administrative Law Choose (ALJ), I claimed John Doe was disabled less than the Grid owing to the simple fact he was of sophisticated age (59), he experienced confined education (fewer than higher faculty), he was diminished to gentle obligation operate by his illnesses, and his real task positition at the cement plant was that of a routine maintenance mechanic even though he was identified as a plant manager.
The Vocational Specialist (VE) who was at the listening to agreed that based mostly on John Doe’s testimony he was actually a upkeep mechanic and not a plant manager. She also agreed John Doe could not do the situation of routine maintenance mechanic as he did it or as it was explained in the countrywide economic system due to the fact it essential medium level do the job (lifting up to 50 kilos).
Nonetheless, the ALJ was bothered by the point the John Doe had claimed throughout his application he was a “plant manager” on the varieties he experienced filled out. I did persuade him with affidavits from his former owner and former basic safety director that his obligations were people of a servicing mechanic and not that of a plant supervisor. Based on the affidavits the ALJ granted John Doe his disability advantages.
In summary the important to John Doe’s circumstance was identifying his prior get the job done as plant manager was not really the responsibilities of plant manager as defined in the DOT. Somewhat, his prior do the job was that of upkeep mechanic. At the time, I established his existing prior profession I received the situation.
