When dealing with a PTD claim, the standard is well known. After the 2003 legislative changes, the First DCA declared that we are now back to the pre-1994 standard. A Claimant can prove PTD one of three ways:
- Claimant is medically PTD; in that she cannot physically engage in sedentary activity within a 50 mile radius of her residence.
- Coupled with her permanent physical restrictions, Claimant conducts an exhaustive but unsuccessful job search.
- Permanent work restrictions plus vocational factors (education, employment history) prevent Claimant from engaging in sedentary activity within a 50 mile radius of her residence.
But, a question remained within vocational expert circles. How do you define sedentary duty? What if a Claimant can only work partial sedentary duty? Per the Dictionary of Occupational Titles (DOT) standards there is a whole range of activity within the sedenatary classification. What if a Claimant, per their doctor, can only perform a certain range of that classification?
Luckily, the Court answered that question. . . (more…)