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Table of Contents Chapter One Introduction Chapter Two Standards of Review and Federal Court Remedies Chapter Three Topical and Sequential Evaluation Outlines Chapter Four SSR 96-1p: Application by the Social Security Administration (SSA) of Federal Circuit Court and District Court Decisions Chapter Five SSR 96-2p: Giving Controlling Weight to Treating Source Medical Opinions Chapter Six SSR 96-3p: Considering Allegations of Pain and Other Symptoms in Determining Whether a Medically Determinable Impairment Is Severe Chapter Seven SSR 96-4p: Symptoms, Medically Determinable Physical and Mental Impairments, and Exertional and Nonexertional Limitations Chapter Eight SSR 96-5p: Medical Source Opinions on Issues Reserved to the Commissioner Chapter Nine SSR 96-6p: Consideration of Administrative Findings of Fact by State Agency Medical and Psychological Consultants and Other Program Physicians and Psychologists at the Administrative Law Judge and Appeals Council Levels of Administrative Review; Medical Equivalence Chapter Ten SSR 96-7p: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual’s Statements Chapter Eleven SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims Chapter Twelve SSR 96-9p: Determining Capability to Do Other Work—Implications of a Residual Functional Capacity for Less Than a Full Range of Sedentary Work Chapter Thirteen The Role of Reliable Vocational Information at the Social Security Administration Chapter Fourteen The Dictionary of Occupational Titles, Structure, History, Reliability, and Validity Chapter Fifteen Other Sources of Vocational Data Chapter Sixteen Vocational Information and Analysis at Step Four of the Sequential Evaluation Process Chapter Seventeen Vocational Evidence at Step Five of the Sequential Evaluation Process Chapter Eighteen Transferability of Skills Analysis Chapter Nineteen Attacking Vocational Expert Testimony Chapter Twenty Vocational Expert Testimony on the Number of Jobs Available at Step Five Chapter One Introduction §100 Format and Purpose of This Handbook §100.1 Search Tip §101 History of Process Unification §101.1 Something That Worked §102 The Rulings Set Forth Broad Areas of Policy §103 Social Security Rulings Are Binding §103.1 Regulations Enforce the Rulings §103.2 Case Law, The Supreme Court Enforces the Rulings §104 Process Unification Rulings Commandments §104.1 Practice Tip: How to Cite a Hyperlink §104.2 Table of Process Unification Ruling Hyperlinks §104.3 Commandments in SSR 96-2p §104.4 Commandments in SSR 96-3p §104.5 Commandments in SSR 96-4p §104.6 Commandments in SSR 96-5p §104.7 Commandments in SSR 96-6p §104.8 Commandments in SSR 96-7p §104.9 Commandments in SSR 96-8p §104.10 Commandments in SSR 96-9p §105 Duty to Research Chapter Two Standards of Review and Federal Court Remedies §200 Introduction to the Weight of Evidence and Judicial Review §201 Standard of Review §201.1 Standard of Review at an ALJ Hearing §201.1.1 Practice Tip §201.2 Standard of Review at the Appeals Council §201.3 Practice Tip §201.4 Standard of Review in Federal Court §201.5 Practice Tip §202 The Degree of Proof Required §202.1 Preponderance of the Evidence §202.2 Abuse of Discretion §202.3 “Substantial Evidence” §202.3.1 “Relevant Evidence” §202.4 Federal Courts Are Not Rubber Stamps §202.5 Guesses, Speculations, Common Sense and Ruminations Are Not Substantial Evidence §203 “Legal Error” §203.1 The “Harmless Error” Rule §203.2 Practice Tip §204 Sequential Evaluation and Burden of Proof §204.1 Burden of Proof in Cessation Cases §205 Which Law Controls the Case? §205.1 When Circuit Precedent Construes the Underlying Social Security Act §205.2 When Circuit Precedent Is Consistent with SSA’s Regulations and Rulings §205.3 When Circuit Precedent Conflicts with the Regulations or Rulings §206 Post Hoc Rationalizations §206.1 Practice Tip §207 Nonadversarial Social Security Administrative Proceedings and the Commissioner’s Duty Fully and Fairly to Develop the Record §207.1 Duty to Develop the Record for Unrepresented Claimants §208 Concluding Remarks about Review §209 Remedies §209.1 Remedies from the Appeals Council §209.2 Remedies from the Federal Courts §209.3 The Varney II “Credit as True” Remedy §209.4 Lay Evidence in the Varney II “Credit as True” Analysis §209.5 The Non-Varney Remedy Analysis §210 The Remedy of Equal Access to Justice Act—EAJA Fees and Costs §210.1 The EAJA Standard §210.2 “Substantial Justification” under the EAJA §210.3 When Is an Application Timely Filed under the EAJA? §210.3.1 Amending an EAJA Application §210.4 When Does the Absence of a Judgment Become a Judgment? §210.5 Who Is a Prevailing Party under the EAJA? §210.5.1 Practice Tip §210.6 What Circumstances Make an Award “Unjust” under the EAJA? §210.7 “Bad Faith” EAJA Fees §210.8 EAJA Fees and Special Factors §210.9 EAJA Fees—Representative Registration for Debt Collection and Taxes Chapter Three Topical and Sequential Evaluation Outlines §300 Introduction §301 Policy and Procedural Considerations §301.1 Americans with Disabilities Act §301.2 Applications §301.3 Attorney Fees §301.4 Cessations/Terminations §301.5 Dictionary of Occupational Titles §301.6 Evidence §301.7 Hearings §301.8 Missed Deadlines and Reopenings §301.9 Nonacquiescence §301.10 Res Judicata §301.11 Subpoenas §302 Disability and the Sequential Evaluation §302.1 New CFR Sections §302.2 Explanations of the Changes §302.3 Special Profiles §302.4 Different Sequential Evaluations for Children’s Cases §302.5 General §302.6 Onset and Duration §302.7 Step One: Is the Claimant Performing Substantial Gainful Activity? §302.8 Step Two: Is the Claimant’s Impairment “Severe”? §302.9 Step Three: Does the Claimant’s Impairment(s) Meet or Equal an Impairment in the Listing of Impairments?—Step Three General Considerations §302.10 Step Three: Does the Claimant’s Impairment(s) Meet or Equal an Impairment in the Listing of Impairments?—Medical Equivalence §302.11 Step Three: Does the Claimant’s Impairment(s) Meet or Equal an Impairment in the Listing of Impairments?—Specific Impairments §302.12 Step Four: Is the Claimant Capable of Performing Past Relevant Work? §302.13 Determining Residual Functional Capacity (RFC) §302.14 Past Relevant Work §302.15 Elements of Past Relevant Work §302.16 Step Five: Does the Claimant’s Impairment Prevent the Performance of Any Other Substantial Gainful Activity? §302.17 Step Five: Before Using the Medical-Vocational Guidelines §302.18 Step Five: General Considerations §302.19 Step Five: Transferability of Work Skills §302.20 Using the Medical-Vocational Guidelines (Grids) Chapter Four SSR 96-1p: Application by the Social Security Administration (SSA) of Federal Circuit Court and District Court Decisions §400 Introduction §401 Purpose of SSR 96-1p §402 District Court Decisions §403 Law of the Case §404 Nonacquiescence in Circuit Court §404.1 Who Says What the Law Is?—Non Issue if No Conflict §404.2 Practice Tip §405 Equal Access to Justice Act Fees (EAJA) and the Petard §406 Quick-List of Acquiescence Rulings Chapter Five SSR 96-2p: Giving Controlling Weight to Treating Source Medical Opinions §500 Introduction §500.1 How the Ruling Works §501 When the Weight Given to a Treating Source’s Medical Opinions Must Be Explained §502 The “Controlling Weight” Rule of SSR 96-2p §502.1 Medically Acceptable §502.2 Not Inconsistent §502.3 Practice Tip: “Not Inconsistent” Is Not the Same as “Consistent” §502.4 Well-Supported §503 Treating Sources and “Medical Opinions” §503.1 Treating Sources §503.2 Medical Opinions §503.3 Medical Opinions Regarding Residual Functional Capacity (RFC) §503.4 “Issues Reserved to the Commissioner” and Residual Functional Capacity (RFC) §503.5 Multiple Limitations in a Treating Source Statement §504 SSR 96-2p and Circuit Precedent §505 Remedies for Failure to Follow SSR 96-2p §505.1 Accepting the Source’s Opinion as True §505.2 Remanding for Evaluation of the Source’s Opinion §505.3 Substantial Evidence §505.4 Substantial Evidence Versus Procedural Due Process §505.5 Substantial Evidence, Procedural Due Process and Harmless Error §506 Practical Applications of SSR 96-2p §507 All That Differs Is Not Necessarily a Conflict §508 Nonmedical Evidence §509 Medical Experts §510 Treating Sources §511 Controlling Weight Versus Greatest Weight §512 The Ever-Changing Chameleon: SSR 96-2p and Additional Development of the Record §512.1 Controlling the Record §512.2 Recontacting Medical Sources §512.3 Controlling Consultative Examinations §512.4 The Treating Source as Consultative Examiner §513 Conflicts and Ambiguities Must Be Resolved by the Book §514 The Agency’s Duty to Develop the Record §515 Conclusion Chapter Six SSR 96-3p: Considering Allegations of Pain and Other Symptoms in Determining Whether a Medically Determinable Impairment Is Severe §600 Introduction §600.1 Quick Tip §601 Non-Severe Impairments and Basic Work Activities §602 Combined Impairments §603 Three-Step Process at Step Two of the Sequential Evaluation Process §604 Reasonable Doubts Go to the Claimant §605 Skipping from Step-Two to Step-Four Is Sometimes Permitted §606 Fibromyalgia, Chronic Fatigue Syndrome and Similar Impairments §606.1 Fibromyalgia (FM) Defined §606.2 Chronic Fatigue Syndrome (CFS) Defined §606.3 Excerpt from an ALJ’s Improper Decision Denying FM and CFS Claims §606.4 Signs and Symptoms of FM and CFS Demonstrate “Medically Determinable” Impairments §606.5 Reflex Sympathetic Dystrophy Syndrome/Complex Regional Pain Syndrome as “Medically Determinable” Impairments §606.6 Practice Tip Chapter Seven SSR 96-4p: Symptoms, Medically Determinable Physical and Mental Impairments, and Exertional and Nonexertional Limitations §700 Introduction §701 Few Cases Address SSR 96-4p Chapter Eight SSR 96-5p: Medical Source Opinions on Issues Reserved to the Commissioner §800 Introduction §800.1 Purposes of SSR 96-5p §801 Who Are “Acceptable Medical Sources”? §802 Who Are “Other Sources”? §803 Importance to Representatives—Knowing the ALJ’s Duties §803.1 Duty to Carefully Consider Medical Source Opinions About Any Issue and Duty to Recontact Sources §803.2 Duty to Weigh Medical Source Statements and Provide Appropriate Explanations §803.3 Duty to Never Ignore a Medical Opinion §803.4 Duty to Apply Specific Factors §803.5 Duty to Apply Specific Factors—Ruling 06-03p §803.6 Duty to Apply Specific Factors—Ruling 06-03p and Decisions on Disability by Other Governmental and Nongovernmental Agencies §804 Weighing Medical Source Statements §805 Treating Source Statements May Include Multiple Discrete Options §806 There Is no Presumption Medical Sources Use SSA Definitions in Medical Opinions §806.1 Application of 96-5p in Resolving Semantic Differences Between Medical Source Statements and SSA Lexicon §807 State Agency Medical and Psychological Consultants as Highly Qualified Experts §807.1 State Agency Medical and Psychological Consultants Usurping Decision Power from ALJs Regarding Medical Equivalence §807.2 Providing Medical Opinions Regarding Medical Equivalence §807.3 Remedy—Improper Rejection of Opinions on the Issue of Disability §808 The History of RFC Assessments Chapter Nine SSR 96-6p: Consideration of Administrative Findings of Fact by State Agency Medical and Psychological Consultants and Other Program Physicians and Psychologists at the Administrative Law Judge and Appeals Council Levels of Administrative Review; Medical Equivalence §900 Introduction §900.1 Opinions by Non-Treating Sources §900.1.1 Practice Tip: State Agency Reports as Noncompetent Bases for Evaluation §900.2 Where Are These Non-Treating Medical Opinions? §901 The Role of State Agency Program Physicians and Psychologists in “Equivalence” Determinations §901.1 Mandated Standards for Obtaining Medical Expert Opinion §901.2 Case on Point: Consulting Agency Doctors for Medical Equivalence §901.3 Once Obtained, Medical Expert Opinions Are Not Binding §901.4 Practice Tip §902 Using the Medical Expert Called by the Agency to Establish Equivalence §902.1 Establishing Medical Equivalence §902.2 Symptoms, Signs and Laboratory Findings §903 The Tough Standard for Weighing Medical Opinions of Non-Treating Agency Program Physicians and Psychologists §903.1 These Standards May Not Be Inferred from the Decision §903.2 The ALJ May Not Ignore State Agency Opinions §903.3 Practice Tip §904 Using a Treating Source Opinion to Prove Equivalence §905 Practice Tip: Use SSR 96-6p to Show the ALJ Improperly Allocated Weight §906 Nonexamining Source Opinions May Be Given Greater Weight Than Treating Source Opinions §907 Requesting Subpoenas of State Agency Physicians and Psychologists §907.1 Why Not to Subpoena State Agency Doctors §907.2 Practice Tip §907.3 Elements of a Request for Subpoena §908 Conclusion Chapter Ten SSR 96-7p: Evaluation of Symptoms in Disability Claims: Assessing the Credibility of an Individual’s Statements §1000 Purpose of SSR 96-7p §1000.1 The Convoluted History of SSR 96-7p §1000.2 SSR 96-7p Compared to the Regulations §1000.3 Practice Tip §1001 What Is a Credibility Determination? §1002 What Is Not a Credibility Determination? §1002.1 Neither the Commissioner’s Attorneys Nor the Court May Create or Infer a Credibility Determination for the Agency §1002.1.1 Practice Tip §1002.2 Post Hoc Rationalizations Are Not Credibility Determinations §1002.3 Case on Point: Post Hoc Documents §1003 SSR 96-7p Applies to Adult and Children’s Cases §1004 Application of Credibility at Steps Two and Beyond in the Sequential Evaluation Process §1004.1 Credibility in Functional Equivalence at Step Three §1005 Symptoms and the Problem of Pain §1005.1 Science Does Not Answer the Question of Pain—There Is No Pain-O-Meter §1006 Claimants Do Not Have to Prove the Degree of Pain Alleged with Science, if... §1007 The Adjudicator Must Evaluate Credibility and Make a Credibility Finding §1007.1 The Credibility Evaluation and Finding Come After Record Development §1007.2 Developing the Record Regarding a Possible Mental Impairment §1007.2.1 Practice Tip: Motivating the Commissioner to Order a Mental Consultative Examination §1007.3 When Additional Information Is Needed to Assess Credibility, the Burden Is on the Adjudicator to Obtain it §1007.4 The Seven Enumerated Credibility Factors §1007.5 Considering the Claimant’s Lifestyle in Context §1007.6 Eliciting Critical Facts §1007.6.1 Practice Tip: State Agency Forms §1007.7 Using the VE to Put the Claimant’s Activities in Perspective §1007.8 Possible VE Cross-Examination Questions §1007.9 Practice Tip §1008 The Adjudicator Must Consider the Entire Case Record §1009 What Is an Insufficient Credibility Determination? §1009.1 Practice Tip: Defending Against “Sit and Squirm” Jurisprudence §1010 Degrees of Credibility §1011 Credibility or Lack Thereof Is Not Determinative of the Issue of Disability §1012 Adjudication Methodology—Two Step Process for Evaluating Symptoms §1013 Additional Guidelines §1013.1 Consistency §1013.2 Medical Evidence §1013.3 Medical Treatment History—or Lack Thereof §1013.4 Practice Tip: Too Many Doctors? §1013.5 Reasons for and Effects of Treatment §1014 Credibility and Alleged Failure to Follow Treatment §1014.1 Practice Tip §1015 Consideration of Findings by State Agency and Other Program Physicians and Psychologists at the Administrative Law Judge and Appeals Council Levels of Administrative Review §1016 Remedies for Failure to Apply Correct Legal Standards in Making Credibility Determinations §1016.1 The Varney and Non-Varney Remedies §1016.2 EAJA Fees §1017 Conclusion Chapter Eleven SSR 96-8p: Assessing Residual Functional Capacity in Initial Claims §1100 Introduction §1101 SSR 96-8p—Six Major Points §1102 Point One—RFC “Ordinarily” Defined in Terms of a 40-Hour Workweek §1102.1 History of RFC and Vagueness §1102.2 RFC—Clarification of Full-Time Work by 96-8p §1102.2.1 Practice Tip §1102.3 RFC—“Regular and Continuing Basis” and Circuit Case Law §1102.4 RFC—Vocational Experts, Labor Market Surveys and Part-Time or Temporary Jobs §1102.5 The Adjudicator’s Duty to Develop the Record Before Assessing RFC §1102.6 The Adjudicator’s Duty to Consider Combined Impairments in Assessing RFC §1102.6.1 Case on Point §1102.7 The RFC Assessment Must Be Based on the Entire Record §1102.8 Duty to Consider Findings of the Psychiatric Review Technique as an Element in the Finding of Residual Functional Capacity §1103 Point Two—RFC Excludes Consideration of Age and Body Habitus §1103.1 Obesity §1104 Point Three—The Adjudicator’s Duty to Develop the Record, as Triggered by Specific Allegations and Evidence §1104.1 Case on Point: Developing the Record §1104.2 Using SSR 96-8p with 96-7p §1105 Point Four—The RFC Assessment Must First Access Work-Related Abilities on a Function-by-Function Basis §1105.1 Case on Point §1105.2 SCO Analysis §1105.3 Mental Abilities Needed for Any Job §1105.4 The Definition of “Substantial Loss” Is Intentionally Vague §1105.5 Mental Abilities Needed to Perform Semi-Skilled and Skilled Work §1105.6 Stress and Demands of Work §1105.6.1 Case on Point §1105.7 Using the Function-by-Function Assessment §1106 Point Five—The Least a Person Can Do Is Not a Proper RFC §1107 Point Six—The Nature of the Functional Limitations Caused by Medical Impairments and Related Symptoms Determines Their Classifications as Exertional or Nonexertional §1108 Other Points—Narrative Discussion §1108.1 “Material Inconsistencies” Chapter Twelve SSR 96-9p: Determining Capability to Do Other Work—Implications of a Residual Functional Capacity for Less Than a Full Range of Sedentary Work §1200 Introduction §1200.1 Purpose §1200.2 Sedentary Work and the Grids §1200.3 Grids as a Framework for Decisionmaking §1200.3.1 Exertional and Nonexertional Limitations under the Grids §1200.3.2 Exertional Limitations for Less-Than-Sedentary §1200.3.3 The Unskilled Sedentary Occupational Base §1200.3.4 Erosion of the Unskilled Sedentary Occupational Base §1200.3.5 Cases on Point §1201 “Non-Disability” Rules §1201.1 “Non-Disability” Rules (Rebuttable) §1201.2 “Disability” Rules (Irrebuttable) §1202 Mental Demands of Work and “Substantial Loss” §1203 Eight Examples of the Type and Extent of Exertional and Nonexertional Restrictions Which Will Result in a Significant Erosion §1204 Restrictions Which May Result in Significant Erosion §1205 Examples That Have Been Removed by the Commissioner §1206 ALJs as VEs? §1206.1 Case on Point §1207 Practical Application of the Policies Underlying SSR 96-9p §1208 Use of the SSR 96-6p Policies with Medical Sources §1208.1 Case on Point: Inability to Stoop Does Not Equal Disability Per Se §1209 Use of the SSR 96-9p Policies in Eliciting the Claimant’s Testimony §1209.1 Nonexertional Impairments—Mental §1209.2 Nonexertional Impairments—Visual §1209.3 Exertional Impairments §1210 Use of the SSR 96-9p Policies in Eliciting Lay Witness Testimony §1210.1 Nonexertional Impairments §1210.2 Exertional Impairments §1211 Use of the SSR 96-9p Policies in Cross-Examining Vocational Experts at a Disability Hearing §1211.1 Disability by a Direct Comparison §1211.2 Disability by Analogy §1211.3 Use of the SSR 96-9p Policies When Obtaining Independent Vocational Expert Reports Introduction to Vocational Evidence Chapter Thirteen The Role of Reliable Vocational Information at the Social Security Administration §1300 Introduction §1300.1 Practice Tip §1301 Vocational Information Is Not for Use in Children’s Disability Cases §1301.1 Use the Rulings — They Are a Boon to Litigators §1302 Why Is There a Need for Reliable Vocational Evidence? Speculation Is Insufficient Evidence §1303 The Role of Vocational Evidence in the Sequential Evaluation Process §1303.1 Different Sequential Evaluation Process for Cessation Cases Chapter Fourteen The Dictionary of Occupational Titles, Structure, History, Reliability, and Validity §1400 Introduction §1400.1 Where Do I Find the DOT? §1401 The DOT Is Not All Inclusive §1402 Parts of the DOT Occupational Definition §1402.1 Example DOT Definition §1402.2 The Occupational Code Number §1402.3 The Occupational Title §1402.3.1 Master Titles §1402.3.2 Term Titles §1402.3.3 Industry Designation §1402.3.4 Alternate Titles §1402.3.5 The Body of the Definition §1402.3.6 Undefined Related Titles §1402.3.7 Definition Trailer §1402.3.8 The GOE (Guide for Occupational Exploration) Code §1402.3.9 The Strength Rating §1402.3.10 Vocational Experts Versus the DOT Regarding Exertional Classifications §1402.3.11 The GED Level §1402.3.12 The SVP Level §1402.3.13 Sources of Specific Vocational Preparation §1402.3.14 The Date of Last Update §1403 Understanding the Dictionary of Occupational Titles — History and Reliability §1403.1 Summary: Sources of Error in the DOT §1403.1.1 SSA’s Disability Adjudication Framework Rests Upon the Research, Theories and Publication of the DOT §1403.1.2 The DOT and “Companion Volumes” Are Used by the SSA in Past-Work Adjudication §1403.1.3 The Medical-Vocational Guidelines (Grids) Are Based Upon the Data of the DOT §1403.1.4 The Grid Tables Were Derived From the DOT, DOT Data, and the DOT’s Underlying Assumptions §1403.1.5 SSA’s Physical Exertion Requirement Definitions Come From the DOT §1403.1.6 SSA’s Definitions of Non-Exertional Work Come from the DOT §1403.1.7 SAA’s Definition and the Alleged Quantity of “Unskilled” Jobs Is Based Upon the DOT §1403.2 The Dictionary of Occupational Titles — An Ancient and Abandoned Taxonomy §1403.2.1 The Revised Fourth Edition of the DOT §1403.2.2 Who Compiled the DOT? §1403.3 The Unreliability of the Dictionary of Occupational Titles §1403.3.1 The DOT Is No Longer Updated or Produced §1403.3.2 The DOT Is a Dead Letter Because it Is Obsolete §1403.3.3 The Production of the DOT Was Seriously Under-Documented and Under-Published §1403.3.4 How the Methodology Used for the Creation of the DOT Was Flawed §1403.3.5 How Were the Industries Selected for Analysis? §1403.3.6 The DOT Never Differentiated Between Full-Time and Part-Time Work §1403.3.7 The Analysis of “Procedures and Processes” Was Haphazard §1403.3.8 Who Determined What Was a “Job” or “Occupation?” §1403.3.9 Shortcuts Were Taken in Writing the Job Descriptions and Assigning the DOT Codes §1403.3.10 Specific Vocational Preparation (SVP) Was Not Accurately Assessed §1403.3.11 Aptitude Ratings Were Most Ambiguous §1403.3.12 Environmental Conditions and Physical Demands Were Not Measured §1403.3.13 Some Jobs in the DOT Were Never Reanalyzed after 1965 §1403.3.14 Definition Writing — the Funneling-Down Problem §1403.3.15 Sampling Procedure Limitations §1403.3.16 Source Data Limitations §1403.4 Ratings of Worker Functions and Worker Traits — Validity and Reliability §1403.4.1 Ratings of Worker Functions and Worker Traits — Validity §1403.4.2 Ratings of Worker Functions and Worker Traits — Validity and Reliability §1403.4.3 Ratings of Worker Functions and Worker Traits — the Factor Structure §1403.5 Sex Bias in the Rating of Occupations Chapter Fifteen Other Sources of Vocational Data §1500 Introduction to Other Sources of Vocational Data §1501 What Are the “Companion Volumes” to the DOT? §1502 History of the Selected Characteristics of the DOT (SCO) §1503 O*NET and Social Security Administration §1504 County Business Patterns Do Not Provide Occupational Data §1505 Census Reports §1505.1 Census Reports Do Not Contain DOT-Related Vocational Information §1505.2 Examples of Changes in Census Codes From 1990 to 2000 §1505.3 Census Occupational Data Limitations §1505.4 Sample Cross-Examination of a VE — Census Data §1506 Occupational Outlook Handbook, Published by the Bureau of Labor Statistics §1506.1 Sample Occupational Outlook Handbook Occupation — Security Guard §1506.2 Sample Cross-Examination, Occupational Outlook Handbook Occupation — SURVEILLANCE-SYSTEM MONITOR §1507 Occupational Employment Statistics (OES) §1507.1 The Limitations of the “Crosswalk” §1507.2 The BLS Data Include Unknown Quantities of Part-Time Jobs §1507.3 Shortcomings of the Occupational Employment Statistics (OES) §1508 Various States’ Occupational Data Collection Methods §1509 Example: Wisconsin Projections 1994-2005 and 2000-2010 §1509.1 Shortcomings of Wisconsin Projections 2005-2007 and 2004-2014 §1510 Non-Governmental Sources §1510.1 Computer Systems That Allow for Easy Access to the DOT Data Set From the Revised Fourth Edition to the DOT §1510.2 Computer Systems That Allow for Easy Access to the DOT Data Set From the Revised Fourth Edition to the DOT — Are They Reliable? §1510.3 Occupational Employment Quarterly and Skilled Employment Quarterly §1510.3.1 Data Source §1510.3.2 Shortcomings §1510.3.3 Sample Vocational Report Regarding U.S. Publishing Data §1510.4 “Revised” or “Updated” Versions of the Dictionary of Occupational Titles §1510.4.1 Example of a “Revised” or “Updated” Version of the Dictionary of Occupational Titles — Economic Research Institute’s eDOT §1510.4.2 Problems With the PAQ/ERI Data §1510.4.3 Summary — Weaknesses of the eDOT §1511 Tracking an Attack on VE Testimony From Pre-Hearing Memo to the Final Decision in a District Court Case §1511.1 Setting the Stage — Send the Duces Tecum Letter §1511.2 VE Testimony §1511.3 Post-Hearing Memorandum to ALJ §1511.4 Letter to Appeals Council §1511.5 Section From the District Court Brief §1511.6 Reply Brief in District Court §1511.7 District Court Decision §1511.8 Conclusion: Tracking an Attack on VE Testimony From Pre-Hearing Memo to the Final Decision in a District Court Case §1512 Action Ideas for Attacking VE Testimony on Any Data §1512.1 Any Data — Sample Letter Attacking VE Testimony Chapter Sixteen Vocational Information and Analysis at Step Four of the Sequential Evaluation Process §1600 Vocational Evidence at Step Four of the Sequential Evaluation Process §1600.1 Regulatory Framework §1601 Burdens at Step Four §1602 Reliable Vocational Evidence at Step Four §1603 Rulings About Step Four §1604 Note and Caveat — Steps One and Four of the Sequential Evaluation Process §1605 Past Relevant Work — Defining it and Identifying it §1605.1 Work Experience Must Have Been SGA Before it Becomes Past-Relevant Work §1605.2 Employees §1605.3 Non-Sheltered Earnings and the Earnings Guidelines §1605.4 “Comparability of Work” and “Worth of Work” §1605.5 Sheltered Earnings and the Earnings Guidelines §1605.6 Sheltered Earnings and Non-Monetary Tests of SGA §1605.7 Detailed Earnings Queries (DEQYs) §1605.8 Self-Employed Individuals §1605.9 Past-Relevant Work Performed in a Foreign Country §1605.10 Job Training and Employment Programs/Volunteer Programs §1606 Duration as an Element of Past-Relevant Work §1606.1 Example — Duration §1606.2 Sporadic, “Off-and-On,” and Brief Work Attempts §1606.3 Unsuccessful Work Attempts §1606.4 Trial Work Periods §1607 Recency §1608 The Past-Relevant Work Does Not Actually Have to Exist §1609 Past Relevant Work “As Performed” and “As Generally Performed” §1610 SSR 82-61 and Past-Relevant “Kind of Work” §1611 Exceptions to Using the DOT to Define Jobs “As Usually Performed” §1612 Composite Jobs §1613 Past-Relevant Work Performed in a Foreign Country §1614 Using the DOT to Define Past-Relevant “Kind of Work” §1615 Sources of Information About Functional Demands and Job Duties “As Performed” §1615.1 Form: Transferable Skills Worksheet — Sources of Information About Functional Demands and Job Duties “As Performed” §1616 Classifying Past-Relevant Work: Defining Past-Relevant Work “As Performed” and “As Generally Performed” and Using the Claimant’s RFC to Make the Step-Four Determination — A Comprehensive Example §1616.1 Comprehensive Example — Conclusion §1617 Form: Information Required to Perform a Step-Four Analysis Chapter Seventeen Vocational Evidence at Step Five of the Sequential Evaluation Process §1700 Introduction §1701 The Statutory Definition of “Disability” §1702 The ALJ Cannot Use a VE to Beat the Medical-Vocational Guidelines §1703 Inconsistency and the Medical-Vocational Guidelines §1704 Key Concept: Nonexertional Impairments §1705 The “Significant Numbers” Problem and the Medical-Vocational Guidelines §1705.1 Structure of the Medical Vocational Guidelines §1706 Exertion and Full-Ranges of Work §1707 Work Which Exists in Significant Numbers §1708 Is a “Significant Number” of Jobs a Conceptual Definition? §1708.1 “Significant Number” of Jobs as a Fact §1708.2 “Significant Number” of Jobs and Age §1709 The “Occupational Bases” Underlying the Medical-Vocational Rules §1710 The Issue of Work Adjustment §1711 “Work Which Exists in Significant Numbers” — The Two-Step Process Built Into the Medical-Vocational Guidelines §1711.1 “Work Which Exists in Significant Numbers” Example §1711.2 “Work Which Exists in Significant Numbers” — Claimants With Transferable Skills §1712 What Is This “Vocational Advantage” Bestowed by Transferable Skills? §1713 Determining the Remaining Occupational Base — Five Rulings and a Regulation §1713.1 The Regulation §1713.2 Five Rulings §1713.2.1 Case on Point: “Significant Number of Jobs” and the Grids §1713.3 Fast and the Seventh Circuit’s Rejection of the Grids as a Framework for Solely Nonexertional Limitations §1714 Mastering the Technical Language of the Medical-Vocational Guidelines §1714.1 Borderline-Age Situations and the Medical-Vocational Guidelines §1714.2 Residual Functional Capacity (RFC) §1714.3 Sedentary Work §1714.4 Light Work §1714.5 Medium Work §1714.6 Heavy Work §1714.7 Very Heavy Work §1714.8 Age §1714.8.1 Important Proposed Regulation Regarding Age Categories §1714.9 Education §1714.9.1 Inability to Communicate in English §1714.9.2 Illiteracy §1714.9.3 Marginal Education §1714.9.4 Limited Education §1714.10 High School Graduate or More — Does Not Provide for Direct Entry Into Skilled Work §1714.11 High School Graduate or More — Provides for Direct Entry Into Skilled Work §1714.12 Previous Work Experience §1715 Using the Grid Rules to Direct a Finding of “Disabled” or “Not Disabled” §1715.1 Social Security Ruling 83-11 §1715.2 Using the Grid Rules as a Framework for Evaluating Exertional Limitations Within a Range of Work or Between Ranges of Work §1716 Social Security Ruling 83-12 §1716.1 Applying the Medical-Vocational Rules as a Framework: SSR 83-12 Example §1716.2 Social Security Ruling 83-12 — Summary §1717 Social Security Ruling 83-14 §1717.1 Social Security Ruling 83-14 — Summary §1718 Social Security Ruling 85-15 §1718.1 Social Security Ruling 85-15 — Summary §1719 SSR 96-9p and the Occupational Base for Individuals Under Age 50 §1720 The Effect of Transferable Skills on the Occupational Bases §1721 Transferable Skills for Individuals of Advanced Age — Equitable Considerations §1722 Table of Occupational Base Sizes and its Relevance to “Advanced Age” §1723 Taking This to the Hearing §1724 The Framework of the Medical-Vocational Guidelines and Vocational Expert Cross-Examination: Claimants Aged 50 and Older §1725 The Framework of the Medical-Vocational Guidelines and Vocational Expert Cross-Examination: Claimants Under Age 50 Chapter Eighteen Transferability of Skills Analysis §1800 Introduction §1801 Transferability: Historical Origins and Reliability §1801.1 Practice Tip: Transferability — Statutory and Regulatory Origins §1802 Transferability — Statutory and Regulatory Origins §1803 Step-Four Issues §1804 Classifying a Claimant’s Previous Work Experience as Past-Relevant Work (PRW) §1805 Assigning SVP Levels to Past-Relevant Work §1805.1 &nb |