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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.

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Presentation on theme: "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."— Presentation transcript:

1 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

2  A Skill is the ability to do something well. White Cloud was skilled at hand-to-hand combat. His face paint tells us so. Property of Accu-Pro Disability Advocates - All rights Reserved

3  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! Property of Accu-Pro Disability Advocates - All rights Reserved

4 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 Property of Accu-Pro Disability Advocates - All rights Reserved

5 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 Property of Accu-Pro Disability Advocates - All rights Reserved

6  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) Property of Accu-Pro Disability Advocates - All rights Reserved

7 Knowing a language consists of several areas, such as reading, writing, listening and speaking. These are called skills... Property of Accu-Pro Disability Advocates - All rights Reserved

8 Knowing a language consists of several areas, such as reading, writing, listening and speaking. These are called skills... Property of Accu-Pro Disability Advocates - All rights Reserved

9 1. 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. Property of Accu-Pro Disability Advocates - All rights Reserved

10  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 § Your age as a vocational factor)  (Approaching Advanced Age)  Light  55 - Retirement  Sedentary  Little or no vocational adjustment in the terms of tools, work processes, or work settings. Property of Accu-Pro Disability Advocates - All rights Reserved

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14  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. Property of Accu-Pro Disability Advocates - All rights Reserved

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16  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. Property of Accu-Pro Disability Advocates - All rights Reserved

17  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 Property of Accu-Pro Disability Advocates - All rights Reserved

18  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. Property of Accu-Pro Disability Advocates - All rights Reserved

19  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). Property of Accu-Pro Disability Advocates - All rights Reserved

20 ◦ Transferable Skills = ◦ PRW (MPSMS + WF + SVP + DPT); or ◦ GOE Code; ◦ SOC; OES; Census Property of Accu-Pro Disability Advocates - All rights Reserved

21  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? Property of Accu-Pro Disability Advocates - All rights Reserved

22  < 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 Property of Accu-Pro Disability Advocates - All rights Reserved

23 Title: Juggler DOT Code: Tasks 1. Juggles and balances objects, such as balls, knives, plates, tenpins, and hats, to entertain audience. DLU: 1977 Strength – L SVP 6

24 Art Kaufman M.Ed., ADR, CRC, CDMS, D-ABVE Hillsboro, New Hampshire Property of Accu-Pro Disability Advocates - All rights Reserved


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