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Nathaniel O Hubley

Nathaniel Hubley’s Legal Guides

38 total

  • The Social Security Disability Hearing Process: The role of the Vocational Expert

    During a Social Security disability hearing, vocational experts routinely assist the Social Security Judges in determining whether there is work available in the national economy which a particular di

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  • Indiana Worker's Compensation Benefits: Making the Case for Permanent Total Disability Benefits

    Under the Indiana Worker's Compensation Act, injured workers are normally entitled to three (3) different types of benefits, including: (1) medical treatment at no cost to the injured worker; (2) wage replacement benefits, commonly known as Temporary Total Disability ("TTD") bene...

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  • Indiana Civil Litigation: The Initial Pleadings - Filing a Lawsuit

    Civil litigation in the State of Indiana is governed by the Indiana Rules of Trial Procedure. If a plaintiff wishes to proceed with commencing a lawsuit, the plaintiff is required to complete several tasks, including filing a complaint which includes paying the applicable filing ...

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  • Social Security: Applying for Benefits, Appealing Adverse Decisions

    If a person has severe medical impairments that prevent them from engaging in competitive employment, that person should apply for Social Security Disability benefits. The two most common types of disability claims fall under Title II (SSDI) or Title XVI (SSI). Both types of clai...

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  • Social Security Disability Hearings: Why the VE Should Be Held to a Daubert-Type Standard

    In Donahue, a social security disability case pending in the 7th Circuit, Judge Easterbrook asked the opposing parties at oral argument what makes a VE an "expert" and "where [does] the information in the [DOT] c [o]me from[]." Not surprisingly, both parties "did not know." This ...

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  • A Standard Applicable to the VE That Will Ensure Adequate Level of Protection

    With the seemingly high degree of deference given to the ALJ with regard to evidentiary matters in Social Security Disability Proceedings and the relatively broad credibility granted to the VE's testimony, the question bound to arise is whether an adequate level of fairness is af...

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  • The Vocational Expert, the Foundational Source, and the Administrative Safeguard

    All experts should have some foundational source upon which to base their empirical conclusions. For Vocational Experts ("VEs") in SSA disability proceedings, this foundational source is, among other occupational sources, the DOT. However, as mentioned previously, the DOT is outd...

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  • Social Security Disability: The SSA's Response to Concerns Raised About the Reliability of VEs

    In response to mounting concerns about the reliability of VE testimony, the SSA enacted S.S.R. 00-4p as an administrative check on the broad credibility granted to VEs.S.S.R. 00-4p is essentially an administrative or "regulatory Daubert" check on the broad credibility granted to ...

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  • Why the Daubert Standard Does Not Apply in Social Security Disability Hearings

    In Richardson v. Perales, the Supreme Court considered whether the requirements of expert testimony as outlined in Rule 702 applied to experts testifying at Social Security disability hearings. In Richardson, the Court determined that Rule 702 and its requirements do not govern t...

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  • Social Security Disability Evidence: Pre- and Post-Daubert Standards and Post-Daubert SSA Policies

    Because the Vocational Expert ("VE") testifies at the disability hearing and that testimony is used by the Administrative Law Judge ("ALJ") to determine whether a claimant is disabled, a standard is needed to define the specific requirements that the VE's testimony and the VE's m...

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