Vocational factors

DRB reviewed and upheld ALJ decision (Step 4 denial may have been error but agreed with ALJ's alternative Step 5 denial finding).   Cervico-thoracic degenerative disease and myofascial pain.   ALJ analysis of treating source opinion was factually incorrect. ALJ's…

The Court "pays particular attention' to the ALJ's evaluation of complaints of pain in light of their subjective nature," quoting Sherwin v. Sec'y HHS, 685 F.2d 1,3 (1st. Cir. 1982). Under SSR 85-15, the ability to be punctual, attending work on a consistent basis and staying…

Transferable Skills. In determining whether a claimant of advanced age (55 and older) is able to transfer skills to sedentary work, must first show that skills are highly marketable.

Transportation to Work. At Step 4, test is whether claimant has ability to return to past relevant work performed at substantial gainful activity level. Past insubstantial activity cannot demonstrate an ability to perform SGA. Available at DLC. Deference owed to ALJ’s credibility…

Transferable Skills. Managerial skills have universal applicability (across industry lines); transfer can therefore be accomplished with very little vocational adjustment, even in an individual of advanced age. Pain rejected as disabling because non-examining physician took pain into account in…

Vocatoinal Factors. Stress. "Stress is not a characteristic of a job, but instead reflects an individual's subjective response to a particular situation ... Without an evaluation of Lancellotta's vocational abilities in light of his anxiety disorder, there is no basis for the ALJ's…

Transferable Skills. Grids. Court remanded where ALJ relied on Grid rule requiring transferrable skills but failed to find explicitly (or to indicate the basis for his implicit finding) that 55-year old claimant's skills were transferable. The claimant has the burden of showing disability…

Vocational Factors. AGE. Appropriate to use chronological age alone, not physiological age, in grid analysis. See also SSR 82-46c.

Vocational Factors. Sedentary Job. All sedentary jobs require that a worker have the capacity to remain seated most of the day. Persons who must often interrupt their sitting with standing for significant periods of time are prevented from reliably attending to work in a seated position. However,…

Unemployment Benefits.Although Court has reservations about the significance of evidence that claimant collected unemployment benefits, Court is reluctant to say that a claimant's decision to hold himself out as able to work for the purpose of receiving unemployment benefits may never be…

Transportation to Work. Appeal after remand, Lopez-Diaz v. Sec'y HHS, 673 F.2d 13 (1st Cir. 1982). Although distance from work and inconvenience of commute are not relevant factor in the disability determination process, if a hypothetical claimant could not transport herself to work, utilizing some…