I-3-7-13.Remand for Vocational Evidence

The Appeals Council (AC) may remand a case to an administrative law judge (ALJ) when it determines that additional vocational evidence, including evidence from a vocational expert (VE), is necessary to decide a case. For example, the AC may find an ALJ needs additional vocational evidence to address issues such as:

• How a particular occupation is usually performed;

• Whether the claimant acquired any skills in past relevant work and, if so, whether the claimant can use such skills in skilled or semi-skilled occupations with jobs that exist in significant numbers in the national economy, which the claimant has the residual functional capacity to perform;

• Based upon hypothetical situations the ALJ describes, what occupation the claimant can perform, the incidence in the national economy of jobs within those occupations, and whether, for individuals with a residual functional capacity for work at the sedentary or light exertional level and who have attained age 55 or 60, respectively, such occupations require any vocational adjustment;

• Whether the VE accounted for or explained the differences between the source of data the VE relied on and programmatic definitions, such as exertion, education, or skill level, as outlined in SSR 24-3p;

• Whether the VE accounted for or explained how a cited occupation may be performed differently, with more modern materials and processes, for the occupations listed in EM-24027 REV;

• Whether the VE described their general process for estimating job numbers, when applicable, as outlined in SSR 24-3p;

• Whether the VE identified the data source(s) they used, as outlined in SSR 24-3p;

• Whether limitations and restrictions resulting from the claimant's impairment(s) significantly erode the occupational base administratively noticed in Appendix 2 to Subpart P, Regulations No. 4; or

• Whether the claimant's remaining occupational base represents a significant number of jobs in the national economy.