Fort Wayne Injury and Disability Attorney Nathaniel Hubley

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...

Overview of Indiana Worker's Compensation Benefits This Guide discusses the three main worker's compensation benefits available to workers in the State of Indiana. Generally, most worker's compensation cases will involve some form of compensation involving the three main type of benefits. 1 Temporary Total Disability Benefits Temporary Total Disability benefits, also referred to as TTD benefits are a wage supplement. These benefits are paid to employees who have sustained a work-related injury that renders them unable to work. These benefits are paid at 2/3 of the employee's average weekly wage. The first TTD benefit will be made after the first week the employee is off of work. Should the employee be off of work for more than twenty days, then the employee will receive TTD compensation for the initial week of lost work. TTD benefits are offered to the injury employee in an attempt to offset the employee's lost wages. It is important to note that s...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Booher v. Sheeram, LLC 937 N.E.2d 39 (Ind. Ct. App. 2010) Facts:  Before April of 2004, Hampton Inn had received complaints that the bathtubs in its guest rooms were slippery.  It thus contracted with Perma Safety to coat the bathtubs with a non-skid surface which complied with industry safety standards.  Booher was a guest at Hampton Inn subsequent to the coating of the bathtubs, but she still slipped and fell in a bathtub in her guest room and sustained injuries.  Booher filed suit against Hampton Inn, claiming that it was negligent in the maintenance of the bathtub.  Hampton then filed a motion for summary judgment and the trial court than granted Hampton Inn’s motion for summary judgment.    Issue:   Did the trial court err in granting summary judgment to Hampton Inn on the issue of duty to its business invitees? Holdi...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana The SSA, with the authority granted to it by the Social Security Act, provides cash and insurance benefits to individuals through two disability programs, both of which use the same disability determination process, but both of which also have different, yet complementary, goals. The first program is the Social Security DIB program, which is part of the comprehensive social security insurance program, and the second program is the Supplemental Security Income ("SSI") program, which is a means-based program designed specifically to guarantee a minimal level of income to only the poorest of the aged, blind, and disabled. Because SSI benefits are means-based and consist of only nine-percent of the benefits paid by the SSA, this article focuses on DIB.  To be eligible for DIB, the SSA requires that an applicant be unable to engage in "substantial gainful activity by reas...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. In response to mounting concerns about the reliability of VE testimony, the SSA enacted S.S.R. 00-4p as an administrative check on the broad credibility granted to VEs. S.S.R. 00-4p is essentially an administrative or "regulatory Daubert" check on the broad credibility granted to vocational experts.  Under this Ruling, the ALJ is required to act as a gatekeeper by inquiring whether the VE's testimony adheres to data found in the DOT. Although the SSA only recently enacted S.S.R. 00-4p, the ruling has already been eroded by courts. The erosion continues to occur because courts are divided as to whether the failure to inquire into DOT inconsistencies entitles claimants to relief.  In other words, if the ALJ fails to fulfill their gatekeeping duty as mandated by S.S.R. 00-4p, the question arises as to whether tha...

Written by:  Nathaniel O Hubley Attorney licensed in Indiana Attorney Nathaniel Hubley is a Fort Wayne, Indiana Injury and Disability Attorney. Because the VE testifies at the disability hearing and that testimony is used by the ALJ to determine whether a claimant is disabled, 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, but before the adoption of Rule 702, American courts relied on the Frye standard. 1.      1. Pre-Daubert: Frye v. United States Before implementation of Rule 702, the Frye general acceptance standard was the established standard for determining the admissibility of expert testimony. This standard required testimony from experts in relatively novel scientific fields to be closely scrut...

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. 4. The Fifth of the Five-Step Sequential Disabil...