Vocational Expert Testimony on the Number of Jobs Available at Step Five

• Author: Thomas E. Bush/David A. Morton III/David Traver/Sarah H. Bohr/Curtis J. Fisher/Kimberly V. Cheiken
• Pages: 630-644

20-630

Chapter 20

Vocational Expert Testimony on the

Number of Jobs Available at Step Five

Heather Freeman

Of Counsel

Daley, Disability Law

Chicago, Illinois

Ariel M. Aloe, Ph.D.

University at Buffalo

The State University of New York

§2000 Introduction

§2001 Use of Job Numbers at Hearings and Common Vocational Expert Testimony

§2002 Job Numbers Are Critical at Step Five

§2003 The Vocational Expert’s Proffered Job Numbers Should Not Be Accepted at Face Value

§2004 If You Do Not Object to the Vocational Expert’s Testimony at the Hearing, You Have Waived Any Subsequent

Objection Upon Appeal

§2005 Note Regarding SSR 00-4p, Donahue, and Job Numbers

§2006 What Is the Area of Expertise of the Vocational Expert?

§2007 Where to Start

§2008 Common Explanations From Vocational Experts

§2008.1 Labor Market Surveys and Studies

§2008.1.1 Evaluating the Survey

§2008.1.2 The Survey Instrument

§2008.1.3 Reliability and Validity

§2008.1.4 Sampling Methods and Error

§2008.1.5 Random Sampling and Probability Sampling

§2008.1.6 Sampling Error

§2008.1.7 Non-Probability Sampling

§2008.1.8 Response Rate

§2008.2 Extrapolation

§2008.2.1 What Vocational Experts Mean When They Say They Use “Extrapolation”

§2008.2.2 Extrapolation in Case Law

§2008.2.3 The Definition of “Extrapolation”

§2008.2.4 The Real Thing: Extrapolation References

§2009 Conclusion

§2010 Hearing Record Forms

Author David Traver invited Heather Freeman and Ariel M. Aloe to write this chapter to be included in the book.1 Thus, any errors or omis-

sions are our own.

1 This chapter has its roots in two presentations given at the biannual meetings of the National Organization of Social Security Claimants’ Represen-

tatives (NOSSCR): Frederick J. Daley, Jr. and Heather Freeman in “Common Mistakes that Can Jeopardize an Appeal” at the May 2005 NOSSCR meeting and

“Vocational Expert Testimony: Lying with Statistics” by Ms. Freeman and Ariel M. Aloe at the March 2006 NOSSCR meeting.