Vocational expert means a vocational professional who has the qualifications required by the Commissioner and who provides expertise to disability adjudicators at the initial, Federal reviewing official, and administrative law judge levels of the administrative review process.
National registry of vocational experts. Vocational experts having the qualifications established by the Commissioner may be included in a registry that we will maintain. The registry will be maintained for and made available to State agencies.
Exactly what are those qualifications? But importantly, vocational experts should be require to disclose their financial interests with the Social Security Administration. An expert that has 100% of their revenue or income from appearing at Social Security hearings may have a different opinion than the expert who has only one client - the Social Security Administration.
The new rules do not cite a specific percentage. Financial interest (whether it is 10% or 100%) is merely an inquiry that may indicate bias on behalf of the expert, especially if the vocational expert rules in the same fashion, citing the same jobs, repeatedly.
Representatives should confirm the credentials of all experts at a hearing; confirm that their licenses are current, that the resume is not puffed with distortions, and that there are no complaints or probationary restrictions on those licenses; lastly, you should ask what percent of an expert's revenue comes directly from social security, and if that revenue was terminated, how would the expert pay their bills. If ALJ's can cast dark shadows over the credibility of treating doctors, it is the responsibility of the representative to cast an equally dark shadow over the experts testifying at the hearing. This ground work is paramount for federal court challenges.
Posted by: Disability Team | September 07, 2008 at 01:45 PM
Have these new rules about the10% rule been promulgated? Please advise.
Thanks.
Posted by: George | August 28, 2008 at 03:06 PM