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Asker
Posted over 1 year ago.

Thanks for your detailed response Ms. Sinclair. Much appreciated! What percentage of ALJ's request a VE @ the hearing? Any idea? I don't understand something you said. You said "In my experience, winning by establishing Listing meeting or equivalence is far more common than letting the analysis get to the VE level" By VE level, do you mean step 5? If a VE is not present at the hearing and the ALJ denies you, I assume you never get to step 5 because your claim is denied for reasons based at one of the earlier steps. Can the ALJ decide based on the medical evidence that there are no other jobs that you can do or does does the ALJ need the opinion of a VE for this at step 5?

Paula Brown Sinclair
Paula Brown Sinclair, Social Security Lawyers - Twin Falls, ID
Posted over 1 year ago.

I don't know what percentage of cases have VEs, and I'm not a good attorney to ask. I prove my cases much earlier in the sequential analysis. One other attorney said winning by proving a Listing is rare, but not in my practice. VE level is the last step of the sequential analysis.

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Asker
Posted over 1 year ago.

If the VE is the last step in the 5 step sequential process and you said "The sequential analysis under 20 CFR 404.1520 is mandatory", are you saying an ALJ can approve the claim in just steps 1-4 of the sequential analysis w/o step 5? How do they show there are no other jobs that you can adjust to without a VE? Can the ALJ make this decision him or her (self).

Paula Brown Sinclair
Paula Brown Sinclair, Social Security Lawyers - Twin Falls, ID
Posted over 1 year ago.

If a finding of "disable" is mandated due to meeting a Listing, equaling a Listing or on the Grids, the question of "other jobs" is irrelevant. Be aware that Avvo is no substitute for capable representation, and the presentation you make at the administrative hearing is critical.