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Ways Your Ocala Disability Lawyer Might Defend Your Disability Case Based on a Need to Alternate Between Sitting and Standing

  • Published: June 9, 2012

If your disability is based on a need to alternate between sitting and standing, then at your Social Security disability hearing your Ocala disability lawyer will have the opportunity to question the government vocational expert who will testify on behalf of the Social Security Administration.

Possible Questions to Ask a Vocational Expert About Working While Alternating Between Sitting and Standing

Your disability lawyer might ask the government vocational expert some of the following questions:

  • Have you identified jobs allowing alternate sitting and standing that are classified as light or sedentary jobs by The Dictionary of Occupational Titles (DOT)?
  • For the jobs classified as light, can we assume that they require standing and walking for approximately six-hours out of what is considered a normal eight-hour working day?
  • If you contend that the DOT has incorrectly classified these jobs as light, how many of these jobs have you personally observed? When and where did you make your observations? Did you observe these jobs in various areas of the country? How long did you observe them?
  • Is it correct that the DOT fails to address the question of an employee’s opportunity to alternately sit or stand?
  • Are your personal observations regarding the existence of jobs that allow employees to alternate sitting and standing at will the only evidence we have?
  • Does the opportunity for an individual to sit down when performing light job depend on the availability of chairs or stools provided by employers?
  • Employees are not typically permitted to provide their own chairs, are they? You don’t contend that all employers provide chairs for the jobs you’ve identified, but which the DOT classifies as light, do you?
  • Is it correct that in some percentage of these jobs, employers provide chairs and stools? Please tell us for what percentage of these jobs do employers provides stools or chairs for employees that must alternate between sitting and standing? How did you come to this percentage?
  • Isn’t it a fact that some of these jobs that we’ve been discussing are performed at desk height? If so, could you tell us what percentage of these jobs are performed at desk height and what percentage are performed at bench height? Tell us how you have come to know these percentages.
  • If the workstation is at desk height, which is approximately 29 inches, won’t most people find it very uncomfortable to stand so that they are bent over the desk?
  • Doesn’t a person normally have more opportunities to stand up when performing a sedentary job than a person has to sit down when performing job that is classified as light?
  • Is it not true that if an individual is performing a job that is classified as sedentary, than the job duties will likely be carried out at a workstation that is approximately 29 inches, or desk height?

Get help for your Standing and Walking Disability Claim from an Ocala Disability Lawyer

If you suffer from standing and walking limitations and would like assistance with your Social Security disability claim from an experienced Ocala disability attorney, contact the CJ Henry Law Firm at 352.304.5300 or visit our website at www.cjhenrylaw.com for more information.

Claudeth Henry
Attorney Henry is a Florida disability lawyer Florida disability lawyer uniquely suited to help you
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