Skip to main content
Nathaniel O Hubley

Nathaniel Hubley’s Legal Guides

38 total

  • Overview of Indiana Worker's Compensation Benefits

    This Guide discusses the three main worker's compensation benefits available to workers in the State of Indiana. Generally, most worker's compensation cases will involve some form of compensation involving the three main type of benefits.

    Read more 

  • Indiana Employment Law: When commissions and bonuses are treated as wages

    Indiana Code 22-2-9-1 defines "wages" as "all amounts at which the labor or service rendered is recompensed, whether the amount is fixed or ascertained on a time, task, piece, or commission basis, or in any other method of calculating such amount. Commissions are also generally ...

    Read more 

  • Indiana Employment Law and the Family Medical Leave Act ("FMLA"): Protections Available To Employees

    The State of Indiana is considered an employment-at-will state. This means that an employer can fire an employee for any reason, whether good or bad, as long as it is not an illegal reason. One of my previousguidesdiscusses in detail what is considered an illegal reason. Because...

    Read more 

  • Functional Aspects of Social Security Hearings: Steps 1-3 of the 5-Step Process

    Like most valid and recognized adjudication systems, the SSA's five-step disability determination process is based on the notion of fundamental fairness. Understanding how the five-step process works is crucial; accordingly, two key concepts should be realized: first, the analysi...

    Read more 

  • The 4th & 5th Step of the 5-Step Sequential Disability Determination Process: Policy Objectives

    At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relieson VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from theVE who forms his or her opinion after reviewing the disabilit...

    Read more 

  • The Importance of The Dictionary of Occupational Titles in the Social Security Disability Process

    The DOT is a publication of the U.S. Department of Labor that provides basic occupational information by classifying jobs into occupations based on their similarities and also defining the structure and content of all listed occupations. Interestingly, this source was last modifi...

    Read more 

  • The Fourth of the Five-Step Sequential Disability Determination Process: Past Relevant Work

    During the fourth of the five-step sequential disability determination process, the Vocational Expert ("VE") takes the claimant's assigned Residual Functional Capacity ("RFC") for work and matches it against the job data in the Dictionary of Occupational Titles ("DOT") to determi...

    Read more 

  • The 5th St of the 5-Step Sequential Disability Determination Process: Can the Claimant do other work

    The main function of the fifth of the five-step sequential disability determination process is for the SSA to prove that the claimant is able to perform other jobs that exist in significant numbers; one method of demonstrating that a significant number of jobs exist in the nation...

    Read more 

  • 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...

    Read more 

  • 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...

    Read more