· 12/23/1993
Ryan v. Brophy , Gestal, Knight & Co.
Citations
- 199 A.D.2d 191
- 605 N.Y.S.2d 288
- 1993 N.Y. App. Div. LEXIS 12183
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the OEQ is “a publication that uses the [equal distribution] method to calculate its estimates”
- noting that SOC codes sort jobs into broad occupational categories which encompass multiple DOT job titles
- finding that ALJ’s duty to inquire into a VE’s methodology “may require that ALJs ask more questions of [VEs] or slow down proceedings to give claimants a greater opportunity to pose their own questions” (emphasis added)
- emphasizing that “the issue in this case is not that the expert failed to provide specific numbers, but that her testimony contained inconsistencies and lacked the clarity needed for the ALJ to have confidence in her estimates”
- “Because the expert failed to set forth an understandable methodology, we cannot review her methodology, let alone confirm that it was reliable.”
- “[W]hen a claimant challenges a vocational expert’s job-number estimates, the ALJ has a duty to spend time inquiring into the expert’s methodology.”
Source: CourtListener parenthetical corpus (CC0).
Sourced 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.