Transferable Skills and Vocational Consultants Try to Take Away Your Benefits

operating welding machine, wearing protective clothing and a welding maskWhen facing disability claims, individuals often encounter vocational consultants tasked with evaluating whether claimants possess transferable skills that could potentially lead to alternative employment. This is a critical stage where the future of your benefits might hang in the balance. Todd Krauss, APC, a law firm deeply rooted in ERISA and disability claims, has seen numerous cases where such evaluations have significantly impacted claimants’ lives.

Role of Vocational Consultants

Vocational consultants play a pivotal role in the evaluation of disability claims by assessing a claimant’s abilities to determine if they can work in a different job than their previous one, despite any disabilities. These assessments focus on identifying transferable skills—broad abilities like communication and problem-solving—that theoretically could enable individuals to engage in different employment. However, this analysis can sometimes be simplistic and may not fully consider the claimant’s actual capabilities or the specific limitations imposed by their disabilities.

Under U.S. disability law, evaluations for disability must consider the individual’s ability to perform jobs existing in significant numbers within the national economy, taking into account the claimant’s age, education, training, work experience and sometimes wages benefits.  The insurance companies do not always clearly factor in all the necessary elements in hopes of trying to deny a claimants rights to benefits. 

Impact of Transferable Skills Analysis on Disability Claims

The assessment of transferable skills can be a double-edged sword in disability claims. On one hand, identifying skills that can be transferred to other jobs can be beneficial for individuals looking to adapt to new employment after an injury. On the other hand, this analysis is often used by insurance companies to justify denying disability benefits, arguing that the presence of such skills implies that the claimant can find suitable employment despite their disability.

This perspective does not always reflect the realities of the job market or the specific challenges that come with an individual’s condition.  What the insurance companies do not do is emphasize that the evaluation process should account for an individual’s ability to perform work consistently and on a regular basis, considering their physical limitations, pain, and fatigue, as well as mental health impairments.  Furthermore, they do not always accurately identify what is transferrable, what rates the transferrable skills are at and more.  All of this is done to deny a claimant their rightful benefits. 

As the old saying goes, you need to fight fire with fire.  If the insurance company conducts a transferable skills and vocational analysis in an attempt to deny your benefits, you must respond and show why their analysis is wrong. 

Legal Strategies and Support

Choosing the right legal representative can make the difference between losing out on essential benefits and securing the support you need to manage your disability. With a dedicated team led by a seasoned California disability denial claims lawyer, our firm ensures that every case is handled with the utmost care and legal acumen.

Ready to protect your rights and reclaim your benefits? Contact us today to schedule your consultation and take the first step towards securing your future.

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