Last Update: 1/6/2025 (Transmittal I-2-265)

HA 01250.048 Vocational Experts — General

Renumbered from HALLEX section I-2-5-48

A vocational expert (VE) is a vocational professional who provides impartial expert testimony either at a hearing or in written response to interrogatories during the hearings process on claims under title II and title XVI of the Social Security Act. The authority for VEs is set forth in 20 CFR 404.1566(e) and 416.966(e). See also Social Security Ruling (SSR) 24-3p: Titles II and XVI: Use of Occupational Information and Vocational Specialist and Vocational Expert Evidence in Disability Determinations and Decisions.

VEs may use any reliable source of occupational information that is commonly used by vocational professionals and relevant under agency rules, along with their professional knowledge, training, and experience. See SSR 24-3p. These sources may include but are not limited to the publications listed in 20 CFR 404.1566(d) and 416.966(d).

Before scheduling the hearing, the assigned ALJ will review a case to determine whether VE testimony is needed, using the instructions in Hearings, Appeals and Litigation Law (HALLEX) manual HA 01250.050. A designee may also perform this task and make a recommendation to the ALJ. A VE provides testimony by either testifying at a hearing (see HALLEX HA 01260.074) or providing a written response to interrogatories (see HALLEX HA 01250.057). See also HALLEX HA 01250.030.

The following general guidelines apply to an ALJ's use of a VE in the hearing proceedings:

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  Before the hearing, the ALJ (or designee) will provide the VE with copies of all evidence relating to the claimant's vocational history. If additional vocational evidence is received at the hearing, the ALJ will provide it to the VE for review before the VE testifies.

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  The ALJ may use a VE before, during, or after the hearing.

  NOTE 2: 

  It is generally preferred that an ALJ obtain VE testimony at a hearing because live testimony provides the ALJ and the claimant or their representative with the opportunity to ask the VE additional questions regarding vocational issues that are relevant to the claim. Such an opportunity promotes thorough development of the record and administrative efficiency. See SSR 24-3p and HALLEX HA 01250.030.

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  The ALJ must avoid any off-the-record discussion with the VE. If such a discussion occurs, the ALJ must summarize the discussion on the record at the hearing or by entering a written summary into the record as an exhibit.

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  All ALJ contact with a VE about a case must be in writing or on the record at a hearing, and all correspondence with the VE must be made part of the record.

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  The ALJ may not use a VE who has had prior professional contact with the claimant.

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  The ALJ may not ask a VE to provide testimony on physical or mental health matters even if the VE is a certified professional in that area. See HALLEX HA 01250.061.

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  The ALJ must rule on any objection(s) to the VE testimony made at the hearing or after the receipt of expert interrogatories. The ALJ will rule on the objections on the record during the hearing, in narrative form as a separate exhibit, or in the body of the decision. See HALLEX HA 01250.058 B and HA 01260.074 D.2.

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  The ALJ must evaluate the sufficiency of the VE evidence before using it to support findings at step four or step five of the sequential evaluation process. See SSR 24-3p and HALLEX HA 01260.074.