Saturday, January 24, 2015

MOTIONS FOR MEDICAL AND TEMPORARY BENEFITS
VIEW FROM THE BAR
1/6/15        JAY BERNSTEIN

        Over the past decade the Division of Workers Compensation, under the leadership of the current Chief Judge, has increased the focus and raised the importance given to the quick resolution of Motions for Medical and Temporary Benefits (MMT). From the top down, all the Judges of the Compensation court now seriously and fastidiously deal with pending Motions for medical care; a vast change from the past.
     This is not to say the statutory scheme, involving two to sixth month trials for emergency medical care,  is in any way greatly  improved; but the Judicial  attitude and the courts concern and attention to the Motions for Med/temp is across the board excellent. The legal framework is still antiquated, arcane, and mired in delay; but the court does the best it can within a statutory framework as old as the ‘Model T’ (1911 original Workers Comp. N.J. statute).The Motion’s for Medical and Temporary Benefits are no longer regulated to the back burner, but dealt with expeditiously and with utmost concern, by the Division, and the Judges.The change was slow in coming, but has played out over the last 20 years.
     Recently I have been in involved in a MMT trial where the insurance appointed treating physician has testified, reversed his position on the stand, and the Court ordered immediate Medical treatment. Usually the authorized treating doctor “cut off” of treatment is sacrosanct, as the case law holds that the authorized M.D. must be given greater weight than any other doctor.
     But in some cases, the Judge can use case law, logic and common sense to overcome a treating authorized insurance doctor’s arbitrary and capricious cut off of all treatment. The Judge was incensed that we had to drag the authorized surgeon into court, to reveal the paucity of his written report, and have him reverse his position in open court, with untold delay in treatment. The Judge commented that this paradigm is surfacing all too often in the Workers’ Compensation arena.
     A second MMT, which our office filed in December 2014, under the new (2008) statute dealing with Emergent Motions for treatment (N.J.S.A. 34:15-15.3), was assiduously dealt with by two seasoned Judges, hours before the Christmas vacation, and the day after New Year’s, ensuring immediate action, and possibly saving the life of my client. The new law mandates a respondent answer within 5 five days and an emergency hearing be held within 10 days of motion filing.

 The new emergent motion statute specifies the critical nature of the motion, to be filed only if a physician states:
a.              the injured worker is in need of emergent medical care.
b.              the specific nature of the irreparable harm or damage.
c.              that any delay of treatment will result in irreparable harm or damage.
(N.J.S.A. 34:15-15.3)

   Although seldom used, the new statute can be truly a lifesaver in emergent situations. The immediate tackling of my case by the Judge, via tel. conference, immediate judicial action, --effectively cutting thru the red tape of a mega insurance company, and allowing a lifesaving resolution in 12 hours, (well before the statutory 10 days), is a testimony to the creative and effective action of the Judge and the new serious attitude towards Medical Motions, encapsulated by the NJ Division of Workers Compensation.
         Last October, 2013,  I encountered another first: a Judge of Workers Compensation was so incensed at the delay of authorized treatment, that she entered an order Sua Sponte per N.J.A.C. 12:235-3.16(f), to "compel medical treatment within 15 days" of the order. No motion had been filed on this emergent request for humanitarian intervention. The court on its own volition entered the Order for treatment! [“Sua Sponte:  (sooh-uh spahn-tay) adj. Latin for "of one's own will," meaning on one's own volition, usually referring to a judge's order made without a request by any party to the case.”] 
     But of course problems do remain. Recently I have had a client who worked approximately 30 years with the same employer, grievously injured at work, with major surgery and treatment. But the company ran afoul of the law, owed millions for fraud, folded up, and after 27 years of paying Workers Comp. Insurance; failed to even apply for a policy in its last few years of existence. The owner had disappeared, under threat of numerous lawsuits.
     I requested the UEF (uninsured employer’s fund) step in and pay for treatment and temporary pay to keep the petitioner from becoming homeless. Hospital charity care stepped in for the major operation and treatment, but my client suffered with no possible income. The case is still floundering, within the statutory hoops of the UEF, calling for every possible due process protection of the fraudulent owner, before any hope for redress. As the UEF attorney explained to me, no Motion for Med/Temp may be filed against the State of N.J. UEF fund, and furthermore, if such an order was entered, the UEF cannot recognize the order!  Any order for Medical treatment or temporary pay is null and void against this state agency, and cannot be enforced.  (Subchapter 7. Uninsured Employer’s Fund. 12:235-7.1(c); in part states...“no judgment or order for the payment of benefits shall be entered against the UEF.”).
     Only after personal or substituted service is effected against the Corp. officers and owner, ...only after a trial or motion is entered, ...only after same is docketed in the NJ Civil Court, ...only then is possible redress offered. The cost may well be prohibitive, starting at $79 to $179 for a skip trace for corp. officers who have flown the coup, living out of state, plus the cost of publication of substituted service, etc… The cost in time is the real harm to the injured worker and his family who faces sub-par care, limited to hospital ER or clinic, with no income for his family. What does this do to my client? This arcane UEF statutory scheme and policy directly contravenes the legislative policy regarding the provision of treatment to injured workers. This gaping hole in the Workers Compensation statutory scheme should be redressed immediately.
     A first step may be a relaxation of the strict UEF requirements, but in practice I have never seen this done, although the statute directly allows for same: (Subchapter 7. Uninsured Employer’s Fund. 12:235-7.1(d). “The UEF may relax or dispense with requirements under the subchapter where appropriate and with the consent of the judge hearing the case.”). The State Legislature should tackle and reform the UEF process in the case of Motions for Medical and Temporary benefits and acute medical need.





Jay H. Bernstein is an associate with Kirsch, Gelband, and Stone, PC in Newark N.J.  Mr. Bernstein is a Certified Workers’ Compensation Law Attorney, with 24 years of practice in the Division of Workers’ Compensation.  He is a founding member of the NJSBA Mass Disaster Relief Program and organized pro bono representation of Hurricane Sandy Victims, and 9/11 families.








Sunday, September 7, 2014

"HUMAN CENTRIC VS CAPITAL CENTRIC ECONOMIC POLICY" IE -UNACCEPTABLE JOB LOSS IN N.J.-

"Human centric verse capital centric economic policy."

Jay Bernstein September 5, 2014

We live in a society that places limited value on human individuals, especially in their economic potential and Basic economic rights: right to full employment, right to a job, a decent home, healthcare, free education -including college. 

In this age of globalization, we live in a capital centric economic world.   Capital flows to where the return is greatest, worldwide; leaving empty gutted rusted out factories, mass pockets of permanent unemployment, and destroyed lives in its wake.

--manufacturing and-factory workers cannot be reeducated for the new start up IT economy and their lives (and the lives of their families and children)are permanently injured, and destroyed forever when the jobs disappear.

The train, the engine of private capitalism must be glued to the rails of full employment--people cannot be fired and discarded from the train merely for the sake of increased profit margin.

This week in Atlantic City, New Jersey -- the Showboat casino closed, throwing out 2000 people who will never find the same high-paying job with benefits.

  yet the Bergen record paper reports that The Showboat turned a profit every year --big profit --and never lost money!

The owner -Caesars -merely close the casino to consolidate and boost profit margin on three of its other casinos in the area; not because the Showboat ever was unprofitable in anyway.

Capital centric policies replaced human centered (human-centric) policies; destroying probably 2000 families in a depressed economic area with no hope of other replacement jobs.

Laws must be reformed.  The state must have a  say --saving jobs and putting human beings FIRST!

Possibly proven human centric economic policies such as"ESOP" (employee stock ownership plans where the employees purchase the entity and run it as equal owners) could have saved the 2000 jobs.

It is Time worldwide to Turn to  human centric Solutions to tackle economic problems, war, drought, Hunger, displacement, mass refugee crisis, disease ie (11,300 children die each day from preventable diseases such as diarrhea and pneumonia etc.) and put ***humans***first not capital!

In France and Europe, workers are offered vast protections from being FIRED, and the law in France lists efforts a company must make to find another position or keep on workers....unless serious economic failure is imminent...

http://www.jacksonlewis.com/media/pnc/9/media.2089.pdf



Sunday, December 15, 2013

CELEBRATING THE NJ LAWYER/ JAY BERNSTEIN AIDS HURRICANE SANDY VICTIMS/ SPEECH BY THE PRESIDENT OF THE NJ BAR JUNE 2013


CELEBRATING THE NJ LAWYER


(Editor's Note: This column is an excerpt from New Jersey State Bar
Association President Ralph J. Lamparello's speech delivered during
his installation on May 17 at the NJSBA Annual Meeting and Convention in Atlantic City.)


I am going to tell you my story—which is going to be about you, about us, and
who we are—for we are New Jersey lawyers. Yes, we are sworn officers of the
Court, and that means we have a moral imperative to improve the system each
day. But, as New Jersey lawyers, we do that and so much more. I have never
encountered a group of people, indeed an entire profession, who contribute so
much. Who dedicate themselves, not just to improving the system of justice
and practice of law, but to improving their communities and the lives of those
around them. A lot of people talk the talk, but no one walks the walk like a
New Jersey lawyer. You are the people I want to celebrate in the year ahead...

...When Hurricane Sandy devastated
our state, New Jersey lawyers stepped
forward and provided assistance to so
many who had lost so much. More than
250 lawyers from our bar association
stepped forward to assist victims on a
pro bono basis, regardless of income, and
with no promise of anything in return.
Their work continues today. Their
response was so rapid and their results
so extraordinary that FEMA gave out the
phone number of the New Jersey State
Bar Association to those in need, and we
assisted over 50 families a day for weeks
on end. 

Who are these lawyers? They
are you and me. People like Jay Bernstein, who has volunteered for the
NJSBA Mass Disaster Program for many
years, and Bill Krais, Stephen Barry, Beth
White, Domenick Carmagnola and
Shivani Malik... Jay, Bill,
Stephen, Beth, Domenick and Shivani
are all New Jersey lawyers...


(New Jersey State Bar
Association President Ralph J. Lamparello's Speech  5/17/13, printed 6/1/13 NJ Bar Journal)






ABA NATIONAL LAW JOURNAL/ HURRICANE SANDY RELIEF/ INTERVIEW WITH JAY BERNSTEIN 2013

Thursday, October 13, 2011

Workers' Compensation: Distracted Driving Accidents Echo Intoxication Cau...

Workers' Compensation: Distracted Driving Accidents Echo Intoxication Cau...: The New England Journal of Medicine reports that the activism against driving while intoxicated is beginning to be mirrored in distracted d...

Sunday, February 20, 2011

HOW THE SOCIAL SECURITY ADMINISTRATION DECIDES IF YOU ARE DISABLED.

HOW THE SOCIAL SECURITY ADMINISTRATION DECIDES IF YOU ARE DISABLED.
  --  Sort Through Medical and Vocational Issues (including use of the “Grid”)
        (Jay Bernstein).

 What do you do first?    If you worked enough years to pay into the Federal Social Security System, and are totally disabled from employment, you may be eligible for Social Security Disability weekly checks and free medical insurance (medicare).  If you have not worked enough years (sometimes less than 5 years), you still may get Federal Welfare, called SSI; Social Security Income, with free medical insurance, called "Medicaid."

            Are you a candidate for social security disability?   Simply, you must be unable to work (engage in substantial gainful activity)  due to a mental or physical impairment, for  at least 12 months, or  a condition expected to result in death.
Social Security goes through a step by step procedure to determine eligibility for Disability.
Can the you, the claimant,  work?  Is the claimant suffering a severe disability contained in the Social Security one hundred plus page list (“the listings”) of detailed diseases and medical conditions?  Can the Claimant return to any work he/she did in the last 15 years?  If not, can the claimant do any work available in the local state economy, even the simplest job?    
          Finally the Social Security Judge or agency will look to a special simple chart, that takes into account the claimants vocational training, age, education, language ability, and medically constrained work abilities.  This is called the "Grid" and is the KEY to winning many Social Security cases.  If you can fit  into a "grid" category, you win, and you are  found "disabled."  

Here is how the Government explains how it decides if you are disabled:
_________________________________________________________________________

“How we make the decision

We use a five-step process to decide if you are disabled.

  1. Are you working?
  2. If you are working and your earnings average more than a certain amount each month, we generally will not consider you disabled. The amount changes each year. For the current figure, see the annual Update (Publication No. 05-10003).
  3. If you are not working, or your monthly earnings average the current amount or less, the state agency then looks at your medical condition.
  4. Is your medical condition “severe”?
  5. For the state agency to decide that you are disabled, your medical condition must significantly limit your ability to do basic work activities—such as walking, sitting and remembering—for at least one year. If your medical condition is not that severe, the state agency will not consider you disabled. If your condition is that severe, the state agency goes on to step three.
  6. Is your medical condition on the List of Impairments?
  7. The state agency has a List of Impairments that describes medical conditions that are considered so severe that they automatically mean that you are disabled as defined by law. If your condition (or combination of medical conditions) is not on this list, the state agency looks to see if your condition is as severe as a condition that is on the list. If the severity of your medical condition meets or equals that of a listed impairment, the state agency will decide that you are disabled. If it does not, the state agency goes on to step four.
  8. Can you do the work you did before?
  9. At this step, the state agency decides if your medical condition prevents you from being able to do the work you did before. If it does not, the state agency will decide that you are not disabled. If it does, the state agency goes on to step five.
  10. Can you do any other type of work?
  11. If you cannot do the work you did in the past, the state agency looks to see if you would be able to do other work. It evaluates your medical condition, your age, education, past work experience and any skills you may have that could be used to do other work. If you cannot do other work, the state agency will decide that you are disabled. If you can do other work, the state agency will decide that you are not disabled. (Source: SSA).

Special rules for blind people

There are a number of other special rules for people who are blind.(Source: CFR Section 404.1520; quoted in: Government Document, SSA Publication No. 05-10029, August 2010, ICN 456000).
__________________________________________________________________________




THE LISTINGS

     Once you determine the claimant is not working and cannot work, the Social Security rules contain a list, a  thick book, (“listing of impairments”)  containing a comprehensive list of diseases, pathologies, conditions which would automatically entitle your client to Disability.
It is extremely difficult to meet the exacting conditions of any of the disease processes contained in the listings.  In 20 years, I have had only one or two clients fit into the impossible pegs and wholes of the listed diseases. 


    Meeting the requirements of the “Listings” is daunting!  Of the two methods of proving disabling severe Asthma, it is far easier to meet the requirements of part 3.03 (B), which calls for counting up how many severe asthma attacks the claimant suffered requiring SIX VISITS TO A DOCTOR OR HOSPITAL, ONCE EVERY TWO MONTHS, IN A ONE YEAR PERIOD.  Even 3.03(B) Asthma; is difficult to prove, as I have only had one successful outcome on this issue, in Federal District Court (Social Security Federal Appeal).  There are literally hundreds of pages of medical rules in the “Listings” --  like the above asthma, copd requirements, that the claimant must fit to the “T”! 




THE GRID     (Medical Vocational Guidelines Chart)

    The “Grid” is a simple chart, that takes into account the claimants vocational training, age, education, language ability, and medically constrained work abilities.  This is called the "Grid" and is the KEY to winning many Social Security cases.  If you can fit your client into a "grid" category, you win, and the client is found "disabled."  The Grid is much easier to read, understand and apply than the “Listings” of disease and medical conditions.   Basically, when the claimant does not fit into an exact “Listing” of a disease, the SSA considers your ability to work given your physical and mental limitations.  This combination of the claimants physical and mental limits is called your “residual functional capacity.”   The SSA considers vocational factors, consisting of your age, education and work skills, plus your physical limitations, and determines if you are disabled.  (See, Appendix 2 to Subpart P of Part 404—Medical-Vocational Guidelines, CFR 20 title page.  Online at:  http://www.ssa.gov/OP_Home/cfr20/404/404-ap11.htm).

The grid is divided into three (3) distinct charts, one for sedentary work limitations, one for light work limitations, and one for medium work limitations.  The three work categories are defined as follows:
___________________________________________________________________________

Ҥ404.1567 Physical exertion requirements.

To determine the physical exertion requirements of work in the national economy, we classify jobs as sedentary, light, medium, heavy, and very heavy. These terms have the same meaning as they have in the Dictionary of Occupational Titles, published by the Department of Labor. In making disability determinations under this subpart, we use the following definitions:

(a) Sedentary work. Sedentary work involves lifting no more than 10 pounds at a time and occasionally lifting or carrying articles like docket files, ledgers, and small tools. Although a sedentary job is defined as one which involves sitting, a certain amount of walking and standing is often necessary in carrying out job duties. Jobs are sedentary if walking and standing are required occasionally and other sedentary criteria are met.

(b) Light work. Light work involves lifting no more than 20 pounds at a time with frequent lifting or carrying of objects weighing up to 10 pounds. Even though the weight lifted may be very little, a job is in this category when it requires a good deal of walking or standing, or when it involves sitting most of the time with some pushing and pulling of arm or leg controls. To be considered capable of performing a full or wide range of light work, you must have the ability to do substantially all of these activities. If someone can do light work, we determine that he or she can also do sedentary work, unless there are additional limiting factors such as loss of fine dexterity or inability to sit for long periods of time.

(c) Medium work. Medium work involves lifting no more than 50 pounds at a time with frequent lifting or carrying of objects weighing up to 25 pounds. If someone can do medium work, we determine that he or she can also do sedentary and light work.

(d) Heavy work. Heavy work involves lifting no more than 100 pounds at a time with frequent lifting or carrying of objects weighing up to 50 pounds. If someone can do heavy work, we determine that he or she can also do medium, light, and sedentary work.

(e) Very heavy work. Very heavy work involves lifting objects weighing more than 100 pounds at a time with frequent lifting or carrying of objects weighing 50 pounds or more. If someone can do very heavy work, we determine that he or she can also do heavy, medium, light and sedentary work.”  CFR Section 201.00 (f)(g)(h).

____________________________________________________________________________
To read the grid chart, you simply find the box that conforms to your clients age, education, work ability, language ability, etc... and read across the chart to the final box, which reads, either “disabled” or “not disabled.”  Its that simple.   Advanced age is considered 55 and over.  Closely approaching advanced age is 50-54.  A younger individual is age 19 through 49;  although age 45 to 49 is treated as closely approaching advanced age.  For example, on the chart below,  a claimant age 56, limited to light duty (cannot lift more than 20 lbs.), with a high school diploma, and formerly trained in a skilled profession (ie, welder),  may be considered “Disabled” under the “Grid” (Medical Vocational Guidelines Chart).  You read the boxes from left to right, with the final box, on the right end, stating the likely outcome of a social security decision.
RuleAgeEducation   Previous work experienceDecision

202.(06) light workAdvanced ageHigh school graduate or more—does not provide for direct entry into skilled work [2]Skilled or semiskilled—skills not transferableDisabled

There are only three (3) charts.  If a claimant fits squarely into one of the categories, the Social Security Administration or Hearings ALJ (Judge), would most likely adhere to the “Grid” findings.   It is simple to use, and simple to understand.  More complicated scenario's, involving combinations of disease, pathology, severe pain, etc... will take your claimant out of the “Listings” and the “Grid.”   
The three (3) GRID CHARTS are reproduced below:
____________________________________________________________________________
CHART #1  SEDENTARY WORK LIMITATION.
201.00 Maximum sustained work capability limited to sedentary work as a result of severe medically determinable impairment(s).
Table No. 1—Residual Functional Capacity: Maximum Sustained Work Capability Limited to Sedentary Work as a Result of Severe Medically Determinable Impairment(s)
RuleAgeEducationPrevious work experienceDecision
201.01Advanced ageLimited or lessUnskilled or noneDisabled
201.02......do......doSkilled or semiskilled—skills not transferable[1]Do.(ie Do means same as above)
201.03......do......doSkilled or semiskilled—skills transferable[1]Not disabled
201.04......doHigh school graduate or more—does not provide for direct entry into skilled work[2]Unskilled or noneDisabled
201.05......doHigh school graduate or more—provides for direct entry into skilled work[2]......doNot disabled
201.06......doHigh school graduate or more—does not provide for direct entry into skilled work[2]Skilled or semiskilled—skills not transferable[1]Disabled
201.07......do......doSkilled or semiskilled—skills transferable[1]Not disabled
201.08......doHigh school graduate or more—provides for direct entry into skilled work[2]Skilled or semiskilled—skills not transferable[1]Do.
201.09Closely approaching advanced ageLimited or lessUnskilled or noneDisabled
201.10......do......doSkilled or semiskilled—skills not transferableDo.
201.11......do......doSkilled or semiskilled—skills transferableNot disabled
201.12......doHigh school graduate or more—does not provide for direct entry into skilled work[3]Unskilled or noneDisabled
201.13......doHigh school graduate or more—provides for direct entry into skilled work[3]......doNot disabled
201.14......doHigh school graduate or more—does not provide for direct entry into skilled work[3]Skilled or semiskilled—skills not transferableDisabled
201.15......do......doSkilled or semiskilled—skills transferableNot disabled
201.16......doHigh school graduate or more—provides for direct entry into skilled work[3]Skilled or semiskilled—skills not transferableDo.
201.17Younger individual age 45-49Illiterate or unable to communicate in EnglishUnskilled or noneDisabled
201.18......doLimited or less—at least literate and able to communicate in English......doNot disabled
201.19......doLimited or lessSkilled or semiskilled—skills not transferableDo.
201.20......do......doSkilled or semiskilled—skills transferableDo.
201.21......doHigh school graduate or moreSkilled or semiskilled—skills not transferableDo.
201.22......do......doSkilled or semiskilled—skills transferableDo.
201.23Younger individual age 18-44Illiterate or unable to communicate in EnglishUnskilled or noneDo.[4]
201.24......doLimited or less—at least literate and able to communicate in English......doDo.[4]
201.25......doLimited or lessSkilled or semiskilled—skills not transferableDo.[4]
201.26......do......doSkilled or semiskilled—skills transferableDo.[4]
201.27......doHigh school graduate or moreUnskilled or noneDo.[4]
201.28......do......doSkilled or semiskilled—skills not transferableDo.[4]
201.29......do......doSkilled or semiskilled—skills transferableDo.[4]

[1]See 201.00(f).
[2]See 201.00(d).
[3]See 201.00(g).
[4]See 201.00(h).
____________________________________________________________________________
CHART #2  LIGHT WORK LIMITATION:
202.00 Maximum sustained work capability limited to light work as a result of severe medically determinable impairment(s).  Table No. 2—Residual Functional Capacity: Maximum Sustained Work Capability Limited to Light Work as a Result of Severe Medically Determinable Impairment(s)
RuleAgeEducationPrevious work experienceDecision
202.01Advanced ageLimited or lessUnskilled or noneDisabled.
202.02......do......doSkilled or semiskilled—skills not transferableDo.
202.03......do......doSkilled or semiskilled—skills transferable[1]Not disabled.
202.04......doHigh school graduate or more—does not provide for direct entry into skilled work[2]Unskilled or noneDisabled.
202.05......doHigh school graduate or more—provides for direct entry into skilled work[2]......doNot disabled.
202.06......doHigh school graduate or more—does not provide for direct entry into skilled work[2]Skilled or semiskilled—skills not transferableDisabled.
202.07......do......doSkilled or semiskilled—skills transferable[2]Not disabled.
202.08......doHigh school graduate or more—provides for direct entry into skilled work[2]Skilled or semiskilled—skills not transferableDo.
202.09Closely approaching advanced ageIlliterate or unable to communicate in EnglishUnskilled or noneDisabled.
202.10......doLimited or less—at least literate and able to communicate in English......doNot disabled.
202.11......doLimited or lessSkilled or semiskilled—skills not transferableDo.
202.12......do......doSkilled or semiskilled—skills transferableDo.
202.13......doHigh school graduate or moreUnskilled or noneDo.
202.14......do......doSkilled or semiskilled—skills not transferableDo.
202.15......do......doSkilled or semiskilled—skills transferableDo.
202.16Younger individualIlliterate or unable to communicate in EnglishUnskilled or noneDo.
202.17......doLimited or less—at least literate and able to communicate in English......doDo.
202.18......doLimited or lessSkilled or semiskilled—skills not transferableDo.
202.19......do......doSkilled or semiskilled—skills transferableDo.
202.20......doHigh school graduate or moreUnskilled or noneDo.
202.21......do......doSkilled or semiskilled—skills not transferableDo.
202.22......do......doSkilled or semiskilled—skills transferableDo.

[1]See 202.00(f).
[2]See 202.00(c).
____________________________________________________________________________
CHART #3 MEDIUM WORK LIMITATION
203.00 Maximum sustained work capability limited to medium work as a result of severe medically determinable impairment(s).
Table No. 3—Residual Functional Capacity: Maximum Sustained Work Capability Limited to Medium Work as a Result of Severe Medically Determinable Impairment(s)
RuleAgeEducationPrevious work experienceDecision
203.01Closely approaching retirement ageMarginal or noneUnskilled or noneDisabled.
203.02......doLimited or lessNoneDo.
203.03......doLimitedUnskilledNot disabled.
203.04......doLimited or lessSkilled or semiskilled—skills not transferableDo.
203.05......do......doSkilled or semiskilled—skills transferableDo.
203.06......doHigh school graduate or moreUnskilled or noneDo.
203.07......doHigh school graduate or more—does not provide for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.08......do......doSkilled or semiskilled—skills transferableDo.
203.09......doHigh school graduate or more—provides for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.10Advanced ageLimited or lessNoneDisabled.
203.11......do......doUnskilledNot disabled.
203.12......do......doSkilled or semiskilled—skills not transferableDo.
203.13......do......doSkilled or semiskilled—skills transferableDo.
203.14......doHigh school graduate or moreUnskilled or noneDo.
203.15......doHigh school graduate or more—does not provide for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.16......do......doSkilled or semiskilled—skills transferableDo.
203.17......doHigh school graduate or more—provides for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.18Closely approaching advanced ageLimited or lessUnskilled or noneDo.
203.19......do......doSkilled or semiskilled—skills not transferableDo.
203.20......do......doSkilled or semiskilled—skills transferableDo.
203.21......doHigh school graduate or moreUnskilled or noneDo.
203.22......doHigh school graduate or more—does not provide for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.23......do......doSkilled or semiskilled—skills transferableDo.
203.24......doHigh school graduate or more—provides for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.25Younger individualLimited or lessUnskilled or noneDo.
203.26......do......doSkilled or semiskilled—skills not transferableDo.
203.27......do......doSkilled or semiskilled—skills transferableDo.
203.28......doHigh school graduate or moreUnskilled or noneDo.
203.29......doHigh school graduate or more—does not provide for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.
203.30......do......doSkilled or semiskilled—skills transferableDo.
203.31......doHigh school graduate or more—provides for direct entry into skilled workSkilled or semiskilled—skills not transferableDo.

[45 FR 55584, Aug. 20, 1980, as amended at 56 FR 57944, Nov. 14, 1991; 68 FR 51164, Aug. 26, 2003; 73 FR 64197, Oct. 29, 2008]    (CFR 20 -- Appendix 2 to Subpart P of Part 404—Medical-Vocational Guidelines).                                                    (http://www.ssa.gov/OP_Home/cfr20/404/404-ap11.htm).

 

     For more info contact a Social Security Attorney in your local area.

For New Jersey;  Kirsch Gelband & Stone, Suite 707, 17 Academy Street, Newark NJ 07102.

Tel 201 519-6785  Jay H. Bernstein.   Office appts: 973-623-0100.

email questions:  jaybernstein19@gmail.com