No photo
Asker
Posted over 1 year ago.

Who decides whether a VE is present at the hearing or not? How can step 5 in the 5 step sequential disability process be decided without a VE present? Thanks for your input.

Lawrence John Gibney Jr.
Lawrence John Gibney Jr., Social Security Lawyers - Jacksonville, FL
Posted over 1 year ago.

The Judge decides whether to call a VE; the claimant (you) is free to have their own VE but it will be at your expense. Usually a VE is always needed if the person is over 50 and the issue of transferable skills is an issue or when the person (regardless of age) has any non-exertional impairments (pain for instance). In the majority of my cases a VE is present to testify for the SS Administration.

Clifford Michael Farrell
Clifford Michael Farrell, Social Security Lawyers - Columbus, OH
Posted over 1 year ago.

I know some courts think there is a shift here, but even at step 5 the burden of persuasion remains on the claimant. 20 CFR 404.1512(a) (2012). See also
http://www.ssa.gov/OP_Home/cfr20/404/404-1512.htm