CHALLENGING the JOB NUMBERS

Vocational experts testify about how many jobs are available in the US economy, which can be problematic for the claimant. The claimant is trying to prove that he/she is not able to perform any job which is available in substantial numbers in the national economy. The vocational expert may come up with available jobs that sound like they are available in big numbers, when really they are not.

In a recent hearing, a vocational expert testified that my client could perform the work of a table worker. She testified that there are 2,800 of these jobs in the US economy. That's an average of only 56 jobs per state. That is not a "substantial number" of jobs, no matter how you define "substantial." I objected to the job on the grounds that a substantial number of those jobs do not exist. The judge agreed.

Vocational experts may assume the best when giving testimony about jobs. For example, an expert recently testified that a claimant could perform the work of inspector/marker. However, when I asked about being off task because of pain and the need to take frequent rest breaks, those jobs suddenly were not available.

Job numbers may be reduced dramatically, for example, by the need to use a sit-stand option or the need to keep the feet elevated while seated. If an individual would be off task more than about 10 percent of the time, the job may not be possible.

Vocational witnesses testify under oath and are truthful. However, it is up to the claimant or his/her representative to ask the right questions. It can make the difference between winning and losing.