As noted in 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, and in Hearings, Appeals, and Litigation Law (HALLEX) manual HA 01250.030, it is generally preferred that an administrative law judge (ALJ) obtain vocational expert (VE) testimony at a hearing because live testimony provides the opportunity to ask the VE any questions material to the issues, including questions that arise for the first time during the hearing. However, there are circumstances in which it may be more appropriate or efficient to obtain VE testimony through written interrogatories.

An ALJ can use written interrogatories at any point in the adjudication process. A claimant or appointed representative may ask the ALJ to obtain interrogatories, or the ALJ may decide to use them on their own initiative.

When preparing interrogatories, the ALJ will:

• •

  Phrase each interrogatory in a way that will not suggest any specific conclusion but will elicit a clear and complete response that can ultimately be expressed (to the extent possible) in lay terms.

• •

  Ensure each interrogatory is tailored to the facts of the individual case.

• •

  Phrase the interrogatories in a way designed to elicit the information required for a sufficient VE response under SSR 24-3p and HALLEX HA 01260.074 C. Specifically, the interrogatories should ask the VE to:

  • •

    Identify the source(s) of data used;

  • •

    Explain their general approach to estimating job numbers;

  • •

    If applicable, provide an explanation if there are differences between the definitions of exertion, education, and skill level in the data source(s) used and agency regulations and policy; and

  • •

    If a Dictionary of Occupational Titles (DOT) occupation listed in EM-24027 is cited by the VE, explain how that occupation is performed with more modern materials and processes.

    If more than one source of occupational data is cited, and those sources use different classification taxonomies (such as the Standard Occupational Classification (SOC) system and the DOT's classification system), explain how they accounted for the differences.

• •

  If applicable, include any interrogatory that is appropriate for a VE response to assist the ALJ in evaluating the effects of mental impairments on a claimant's ability to work. (See SSR 85-15: Titles II and XVI: Capability To Do Other Work - The Medical-Vocational Rules as a Framework for Evaluating Solely Nonexertional Impairments.)

• •

  Ensure there is no limitation or restriction on the length of the VE's responses.