Fort Wayne Injury and Disability Attorney Nathaniel Hubley

During a Social Security disability hearing, vocational experts routinely assist the Social Security Administrative Law Judge in determining whether there is work available in the national economy which a particular disability claimant can perform. The disability attorney will also use the vocational expert in an attempt to show that the disability claimant's severe restrictions prohibit his or her ability to engage in competitive employment. The federal district courts have noted that vocational experts are persons who have, through training and experience in vocational counseling or placement, an up-to-date knowledge of job requirements, occupational characteristics and working conditions, and a familiarity with the personal attributes and skills necessary to function in various jobs. In providing their testimony, vocational experts rely in part upon the Dictionary of Occupational Tables which is a reference published by the  U.S. Department of  Labor tha...

April, 18 2013 -- Social Security Administrative Law Judges and their union filed a lawsuit against the Social Security Administration on Thursday in federal Court in Chicago, alleging that the agency's productivity goals in fact constitute an illegal quota that pushes judges' workloads beyond the capacity of what they can realistically handle. The lawsuit alleges that the agency requires administrative law judges to decide between 500 and 700 cases per year, which averages out to over two decisions per workday. The judges claim that the goals are too high, and force judges to make decisions too quickly. The lawsuit essentially puts in question the integrity of the  Social Security disability  hearing process. The fact that the people in charge of the process are raising the issue makes it all the more serious. The lawsuit alleges that judges are supposed to keep meet their quotas, regardless of how complicated their cases. Many case files are 500 or more pages. Judges c...

When filing for Social Security Disability benefits, it is important to know what you are dealing with and how the disability process works. Specifically, there are four stages in the disability process. The first stage involves filing an application for Social Security Disability benefits, completing the initial interview at the Field Office, undergoing the medical evaluation, and receiving a decision from Social Security regarding your application. If Social Security denies the application, then you will receive a letter indicating as such and informing you of your rights to appeal the denial decision. When you appeal the denial, the Field Office will review the medical evidence and evidence in the record and either confirm or reverse its decision. If Social Security confirms the decision, it will send a letter to that affect and inform you of your rights to appeal to the Hearing Office for a hearing in front of an Administrative Law Judge. The first two stages are conducted by ...

Under the Indiana Worker's Compensation Act , injured workers are normally entitled to three (3) different types of benefits, including: (1) medical treatment at no cost to the injured worker; (2) wage replacement benefits, commonly known as Temporary Total Disability ("TTD") benefits; and (3) compensation for any permanency of the work-related injury that is calculated by looking at the Permanent Partial Impairment ("PPI") rating assigned by the treating doctor. However, in some cases, when the injured worker's impairment is so severe that it might adverely affect his or her ability to engage in competitive employment, the injured worker may have a claim for Permanent Total Disability ("PTD") benefits. PTD claims arise when the injured worker is unable to perform reasonable forms of work activity, such as a sit down job. In determining whether there is a viable PTD claim, the following considerations are taken into account: the injured worker...

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...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney . At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relies on VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from the VE who forms his or her opinion after reviewing the disability claimant's records and data in the DOT. This testimony is crucial because neither the ALJ nor the claimant possess the ability to analyze the exertion or skill required by particular employment positions, because the categories in the DOT are organized in an exceedingly technical fashion.  Thus, VE testimony serves as the foundational building block of the SSA disability determination process, because, without it, a complete, accurate, and reasonable decision would not be possible. 2. The Dictionary of Occupational Titles. The...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney . At the fourth of the five-step sequential disability determination, the Administrative Law Judge ("ALJ") relies on VE testimony on a limited basis; at the fifth step, however, the SSA relies heavily on testimony from the VE who forms his or her opinion after reviewing the disability claimant's records and data in the DOT. This testimony is crucial because neither the ALJ nor the claimant possess the ability to analyze the exertion or skill required by particular employment positions, because the categories in the DOT are organized in an exceedingly technical fashion.  Thus, VE testimony serves as the foundational building block of the SSA disability determination process, because, without it, a complete, accurate, and reasonable decision would not be possible. 1. The Vocational Expert A VE is a consultant...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. Like most valid and recognized adjudication systems, the SSA's five-step disability determination process is based on the notion of fundamental fairness. Understanding how the five-step process works is crucial; accordingly, two key concepts should be realized: first, the analysis is sequential, meaning that the claimant cannot proceed from one step to another until it is determined that he is disabled; and second, the analysis is a process, meaning that it requires consideration of many elements, consisting of both medical and vocational evidence. In order for the process to begin, a claimant must first be eligible. If a claimant is rendered unable to continue employment at any time before age sixty-five, the claimant may be eligible for DIB as long as the claimant meets the SSA's standard for disability and is ...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Often times employees are unsure if they are entitled to the vacation time they have accrued during the course of their employment upon separation from employment. The law recognizes that accrued vacation pay is considered a form of compensation. Thus, an employee may be entitled to a pro rata share of his/her accrued vacation at the time of termination. Of course, if there is a company policy or employment contract stipulating that certain conditions must be met before accrued vacation pay will be paid, these conditions must be met in order to receive accrued vacation pay. Vacation policies are generally left to the discretion of the employer.  For additional information, the  Indiana Department of Labor's Wage and Hour Division 's website is a useful resource and is responsible for handling the complaint process. Attorney Nathaniel Hubley practices law in Fort Wayne, Indiana.   ...