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CJ Henry Law Firm, PLLC

ADA and DOT, as Explained by a Disability Lawyer in Ocala, Florida

  • Published: September 5, 2013

The Social Security Administration (SSA), Dictionary of Occupational Titles (DOT) and Americans With Disabilities Act (ADA) each have a specific definition for “disability.” A disability lawyer in Ocala, Florida will help you understand why they differ.

Americans With Disabilities Act and Social Security Administration

The difference in definition of “disability” between the SSA and ADA is set down in a memorandum from the Associate Commissioner of the Social Security Administration, sent to staff and judges alike. Under ADA, disability has to do with the completion of “major life activities,” which is different from the definition of disability according to the SSA. Your disability lawyer in Ocala, Florida can explain this difference in more detail.

DOT

The Dictionary of Occupational Titles lists 12,741 occupations, with descriptions of each. The DOT and the regulations in place under SSA are very closely related. As your disability attorney in Ocala, Florida can tell you, the SSA referred to the levels of exertion described in the DOT in forming these regulations. The grids, however, come from numbers of unskilled DOT position titles at each level as outlined in the Medical-Vocational Guidelines.

O*Net

The DOT has not been revised since 1991 (which makes it out of date), although the SSA still makes extensive use of it. O*Net, a newer system developed by the Department of Labor, replaces the DOT. Your disability lawyer in Ocala, Florida will note that O*Net lacks any data that applies to disability given the present evaluation process, so the SSA does not recommend that those making disability decisions depend on it. The SSA also requires that if there is a conflict between testimony of vocational experts and the DOT, the administrative law judge must obtain explanations thereof and include a description in the decision as to how the situation was resolved.

Contact a Disability Attorney in Ocala, Florida

Get the help you need by contacting a disability lawyer in Ocala, Florida at the CJ Henry Law Firm, PLLC. Call 352-304-5300 today.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
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