How Does the Sedentary Employment Doctrine Affect TDIU Cases?
This article discusses the affect the Sedentary Employment Doctrine has on TDIU cases.
In the minds of many claims examiners “sedentary employment” is synonymous with “light-duty employment.” So, they often use the sedentary employment provision to deny benefits in Total Disability Due To Individual Unemployability (TDIU) claims.
Under Federal law, sedentary employment has a specific definition that has little or nothing to do with light-duty employment.
Definition of Sedentary Employment
Veterans Administration claims examiners use the same standard that the Social Security Administration and the Department of Labor use. 20 C.F.R. § 404.1567(a) defines “sedentary employment” as follows:
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.
In other words, sedentary jobs are office jobs, in most cases. Quite often, in physical disability TDIU matters, claims examiners conclude, without much evidence, that the Veteran could perform sedentary employment and therefore does not qualify for TDIU benefits.
Sedentary Employment: A Closer Look
However, to work in such an environment, the Veteran must have the proper educational background and work history. Additionally, the Veteran must be able to sit for at least an hour at a time.
Office jobs require office skills. Veterans who have worked most of their lives in construction or other blue-collar jobs may not have the requisite skills, education, or training required of an office-like setting.
Furthermore, many people with physical disabilities cannot sit for more than a few minutes at a time, especially in an office chair. Granted, it may be possible to get up frequently and take small stretch breaks. But many employers do not allow such activities. They require employees to be at their desks at all times, unless they are on break.
Overcoming Sedentary Employment Denials
Claims examiners often play the sedentary employment card even if there is little or no medical or vocational evidence to support such a conclusion. In claims before the Board of Veterans’ Appeals, the VA basically has the burden of proof on this point. If the VA’s attorney cannot point to compelling evidence in the file substantiating their conclusion that a Veteran is able to work a sedentary position, Veterans may be able to effectively attack the lack of evidence by producing their own evidence, such as:
- Vocational Expert: These professionals are almost indispensable in many TDIU claims. They use the Veteran’s physical history and work history to make conclusions about employability. They also offer insight into local industry standards as to sitting and break times.
- Medical Evidence: Buried in the file, doctors often make conclusions about the Veteran’s ability, or lack of ability, to sit for long periods. Unless the Veteran has an experienced TDIU appeals attorney, it is easy for this critical evidence to go unnoticed.
Generally, TDIU cash benefits for a 100% disability start at $3106.04/mo and can be more with dependents and Special Monthly Compensation. Additional cash benefits may be available if the Veteran lives with a spouse and/or any dependents. Additionally, and significantly,, TDIU recipients are also entitled to free medical care.
Connect with Tenacious Lawyers
For a free consultation with an experienced Veterans disability lawyer, contact Cameron Firm, PC at 800-861-7262 or fill out the contact box to your right. We are here to represent Veterans nationwide.
This article is for educational and marketing purposes only. It does not create an attorney-client relationship.
