· 11/9/1999
Robert M. Haddock v. Kenneth S. Apfel, Commissioner, Social Security Administration
Citations
- 196 F.3d 1084
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that job information can come from the DOT, government sources, or other reliable publications
- holding that “the ALJ must investigate and elicit a reasonable explanation for any conflict between the [DOT] and expert testimony before the ALJ may rely on the expert’s testimony as substantial evidence to support a determination of nondisability”
- explaining that “the ALJ may rely on the [VE’s] testimony as substantial evidence to support a determination of nondisability” absent a conflict between the DOT and the VE’s testimony
- explaining that a “valid explanation” by a VE for a conflict with the DOT is “that a specified number or percentage of a particular job is performed at a lower RFC level than the [DOT] shows the job generally to require”
- requiring an ALJ to elicit additional testimony from a vocational expert if the vocational expert’s testimony conflicts with the Dictionary of Occupational titles
- requiring Plaintiff to cross-examine the vocational expert would improperly “shift the burden to the claimant”
Source: CourtListener parenthetical corpus (CC0).
Judges: Baldock, Ebel, Murphy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.