Group I, Category 53 Insufficient Vocational Documentation to Determine Work History ISSUE DDS determined the claimant is disabled at step 5 of sequential evaluation, without first completing step 4. A review of the case file shows there is insufficient vocational evidence to make a vocational decision. CASE DISCUSSION & POLICY ANALYSIS (INCLUDING SPECIFIC REFERENCES) This 56- year old claimant is filing a DIB claim alleging disability since 05/01/2014 due to nerve pain, hip pain, back pain, anxiety, blood clots, neck pain, problem with bowels and kidneys, heart problems and skin cancer. The DDS proposed an RFC for 20/10/6/6 with the need to alternate positions. The evidence in file supports this determination. The frequency …show more content…
She reported that she worked 5 hours per day, 4 days per week and earned $30 per hour. Clarification is needed regarding her hours worked and earnings to determine if this job meets the criteria for PRW. DI 25005.015A states that work is relevant if it was performed during the relevant period, was SGA, and lasted long enough for the claimant to learn to do it. In this case, it is not clear if her earnings were above SGA. DI 25005.015C indicates that although primary responsibility for development of work activity lies with the FO, the DDS can determine if work was SGA for the purposes of determining if past work was relevant. DDS should resolve the inconsistency in the number of hours she worked per week, and how much she earned. If earnings were based on the number of patients that she treated per day, then clarification is needed regarding how many patients she treated each day. Alternatively, the claimant could provide her total monthly or yearly earnings, and DDS can compare that amount to the SGA tables in DI …show more content…
On the SSA-3369, she described the job as requiring her to lift 10 pounds occasionally and 10 pounds frequently. The lifting demands are within the bounds of her RFC. She reported that she worked 6 hours per day, but she indicated that she walked 1 hour, stood 6 hours and sat 1 hour. Regardless of this inconsistency, even if she had to stand and walk for her entire 6 hour shift, this is enabled by her RFC. DDS reasonably equated this job to Masseuse, DOT 334.374-010, and SVP 4, medium. She cannot meet the exertional demands of the job as generally performed in the national economy. A search of the DOT does not identify a significant number of jobs which her skills will transfer
Agreeing that her dismissal was not discriminatory, or a violation of section 504 of the Rehabilitation act 1973. The courts too believed that Davis hearing loss would prevent her from successfully working as an RN and there for denied entry in to training was agreeable. The appeals Court reversed the findings, stating that District Court misinterpreted section 504 of “otherwise qualified.” More so the forth circuit disagreed that an individuals disability, such as Davis hearing loss even be considered as part of qualification measurements in to any such federally funded program. In addition “reasonable accommodations” have to be made. Southeaster University appealed to the U.S. Supreme
Once returning from the workshop, she confronted Michelle that Frostburg Fit might be in violation of The Fair Labor Standards Act. The Fair Labor Standard Act (FLSA) is intended to protect workers against certain unfair pay practices or work regulations. The FLSA is one of the most important laws for employers to understand since it sets out a wide array of regulations for dealing with employees. Under the FLSA, it established minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. It also introduced the 40-hour work week, as well as overtime pay. Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Laura brought to Michelle’s attention that nonexempt employees, including herself, have been working over 40 hours. Due to the turnover, Frostburg Fit has been understaffed. Employees are not keeping track of the work done outside the facility. Thus, unpaid overtime hours could lead to claims. Frostburg Fit needs to determine areas in need of headcount. Once determined, those positions must be filled in a timely manner to decrease employees working outside their normal work hours. In case employees do need additional time, they must seek approval. Frostburg Fit will need to draft an
According to my studies, Ms. Mendoza should avoid jobs involving strenuous work activity. Maintenance of optimal health is essential for her due to her being on dialysis since she is predisposed to anemia, have lowered resistance to infection, and experience fatigue. Additionally, the case study didn’t mention if she has loss of vision but most diabetics experience vision loss which impacts the ability to perform job functions .To help Ms. Mendoza , maintain a life-long program of well-being, including a well-balanced diet and an appropriate exercise program, hospitals employ a team of professionals consisting of the treating physician, dietician, medical
Also, nurses and single parents with a life changing medical condition need to read this memo because it shows how various stressors impact health outcome and leads to poor health. According to Denollet, J., et al. (2010), suggest stress leads to high blood pressure, high cholesterol, obesity, cancer and heart diseases. The stress of not being able to get child care services for her two children has significant contributed to her illness. Many parents are faced with this issue across the United States, but in Katy’s case, she has inflicted with a life changing event a terminal illness that prevents her from working and paying for child care services. Katy received a letter from her employer stating that they will no longer reimburse for child care services because of her not working. Denial of child care has contributed to the exacerbation of Katy’s symptoms and poor health outcome. Therefore, I am requesting a meeting held during this week with Katy and the Department of Social Services (DSS). The discussion will be focused on denial of child care payments and agreement for a Fair Hearing to discuss Katy’s inability to work and her limitations. According to the Legal Aid Society (2016), a fair hearing
What uncompensated work did the plaintiff claim she performed? What should the district court have done with the statement of another employee that the plaintiff did not engage in work prior to her official start time?
In the United States, the history of Career and Technical Education evolved within four major periods. First, the Awakening period which began in 1776-1826, when the right to a free public education was expressed. During this era, educational opportunities in labor and industrial education were being demanded. The rising working class began to press for an education that were more appropriate for their labor and industry’s needs (Awakening 1776-1826, 1976). Even Benjamin Franklin who represented the Awakening middle class was on board with the rise of technical and vocational education which were taught primarily by private masters or contracted apprenticeships (Cohen, 1976).
She was the company’s payroll and benefits coordinator. She had difficulty working with Spar and noted in the lawsuit that she frequently had irrational outbursts; particularly when she felt something made her look bad on the job. While on the job, Ayon discovered that an employee who was a friend of Spars misused the company credit card and was possibly stealing from the ranch. Ayon also saw evidence that Spars misused the company funds at times. According to the lawsuit, when she brought her concerns regarding the misuse of company funds/theft from the company to Spars, her concerns were dismissed and Spars was angry with her for bringing it up at all. This situation was followed by a sudden change in behavior on the part of the HR director who suddenly began yelling at Ayon and ridiculing her in front of her co-workers. Soon afterwards, Spars told Ayon to go the company’s workers’ compensation doctor for hives, nightmares, headaches, etc., but he advised her that the stress was not work related (Jan. 2015). But while he deemed the stress not “work related,” he also did not release her to return to work due to “extreme stress.” Ayon returned to work in the summer of 2015 at which point she was given back her job duties plus additional duties. She was also asked to complete payroll entry in one day rather than the week she was formerly allowed for the process. As the company continued to require Ayon to finish all her normal job duties plus the additional job duties they added as soon as she arrived back on the job, she became extremely stressed once
Mr. Lee entered work adjustment services on November 02, 2017. His original vocational goal was to work as a store stocker. Mr. Lee worked with a career counselor and business developer, who assisted him in finding employment. As a result of working with the career counselor and business developer, Mr. Lee received a job interview and job offer from Tyson’s Foods to which he declined. He could not work the shifts available, which were 3 p.m. to 11 p.m. or 11 p.m. to 7 p.m. Mr. Lee stated that he did not have reliable transportation during those shifts; however, reliable transportation was available with Tyson’s Foods. Then, he stated that he was the primary care giver of his ailing mother in the evenings. Previously, he stated that his sister
The Denver Developmental Screening Tool (DDST) is a set of tests that are administered to a young child to assess the child’s development. There are four different categories including; personal-social, fine motor-adaptive, language, and gross motor. Although the DDST is not meant to predict delays that could happen in the future, it is useful to identify current delays that the child may be facing. Helping parents and health care workers to obtain the means of referrals to specialists for more complex testing.
The reexamination should start with a formal look at the SSI assessment center results and recommendations. The evaluation should review all of SSI’s results to determine the reliability (Heneman, Judge, & Kammeyer-Mueller, 2015, pp. 327-335) and validity of each (Heneman, Judge, & Kammeyer-Mueller, 2015, pp. 336-348). Mandy should take the information shared by her brother-in-law as the leading factors in the evaluation of the SSI results. Furthermore, interviews with the candidates that went through the program should be conducted to obtain details of the assessment process and their perspectives of the assessment. This will give an inside look into how the assessment is handled and the candidates takeaways from it. Mandy should consult with SSI on their process of evaluations in the assessment center, and request a written report of the complete process from start to
Lee’s has been denied Tenncare and SSI, which he is needing to be seen by a doctor to get blood work on so he can find out what is killing him inside slowly. His history starting out when he was a 6 years old and his father passed died in a plane wreck, forcing him to not finish school and help around the house and find odd jobs to make sure that his mother was taken care of so they wouldn’t be homeless. Once she passed he married and had children, after 26 years of marriage his wife left him because he wasn’t able to work due to his illness that he has. If he was to be able to get Tenncare he would be accepted for SSI so that he could get his health diagnosis.
1. Due to being confused with a person who did not score well on his high-school placement tests, the author, Mike Rose, was assigned to the Vocational Education program. Rose became acquainted with multiple students in the same program such as Dave Snyder, a sprinter and a halfback and Ken Harvey, the person whose words inspired the title.
Competency is defined as whether an individual has sufficient present ability to perform necessary personal or legal functions. In 1960, Dusky v. United States was a landmark United States Supreme Court case in which the Court affirmed a defendant's right to have a competency evaluation before proceeding to trial. Since the Dusky case, it has been questioned if there should some flexibility in competency tests to stand trial. Meaning, if a defendant is facing very serious charges in case with complex facts, do they need to be more competent than someone with less serious charges?
The medical model defines disability as “any restriction or lack of ability (resulting from an impairment of an individual) to perform an activi...
Mrs. D. was admitted to the unit in 2011. She is 84 years old widow who was diagnosed with dementia, diabetes mellitus type II, hypertension, high cholesterol