The Social Security Disability Hearing Process: The role of the Vocational Expert
May 16, 2014
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
Jan 18, 2013
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 ...
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Indiana Civil Litigation: The Initial Pleadings - Filing a Lawsuit
Oct 17, 2012
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 t...
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Social Security: Applying for Benefits, Appealing Adverse Decisions
Oct 17, 2012
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 disa...
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Social Security Disability Hearings: Why the VE Should Be Held to a Daubert-Type Standard
Aug 17, 2012
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 ...
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A Standard Applicable to the VE That Will Ensure Adequate Level of Protection
Aug 17, 2012
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 testim...
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The Vocational Expert, the Foundational Source, and the Administrative Safeguard
Aug 17, 2012
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 o...
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Social Security Disability: The SSA's Response to Concerns Raised About the Reliability of VEs
Aug 17, 2012
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 ad...
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Why the Daubert Standard Does Not Apply in Social Security Disability Hearings
Aug 17, 2012
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 Rich...
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Social Security Disability Evidence: Pre- and Post-Daubert Standards and Post-Daubert SSA Policies
Aug 17, 2012
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 ne...
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