Rule of Evidence 702- Pre and Post Daubert Standards
Evidence in civil litigation is governed by the Rules of Evidence (either federal or state). Rule 702 of the Federal Rules of Evidence applies to expert witness testimony. A Vocational Expert ("VE") generally refers to an expert witness who testifies at Social Security disability hearings. The VE's testimony is used by the Administrative Law Judge ("ALJ") to determine whether a claimant is disabled. Specifically, the VE addresses whether based upon the limitations assigned by the ALJ, whether the claimant can perform their past relevant work, and, if not, whether the claimant can engage in competitive employment. In doing so, a standard is needed to define the specific requirements that the VE's testimony and the VE's methodology must satisfy in order to maintain the integrity of the VE's testimony. The most well known example of a standard that places a check on the testimony of an expert is Rule 702 of the Federal Rules of Civil Procedure (or the e