Chapter: I-2-6
Subject: Conduct of Hearings
This transmittal amends section I-2-6-74 of chapter I-2-6 of the Hearings, Appeals, and Litigation Law (HALLEX) manual to implement Social Security Ruling (SSR) 24-3p, Titles II and XVI: Use of Occupational Information and Vocational Specialist and Vocational Expert Evidence in Disability Determinations and Decisions which replaces SSR 00-4p: Titles II and XVI: Use of Vocational Expert and Vocational Specialist Evidence, and Other Reliable Occupational Information in Disability Decisions. The SSR explains that an Administrative Law Judge (ALJ) will no longer need to identify or obtain an explanation for any conflicts between the vocational specialist and vocational expert (VE) occupational information and the information in the Dictionary of Occupational Titles as was required under SSR 00-4p. The changes included listing the ALJ and VE responsibilities when VE evidence is obtained to support an ALJ's step four and five finding.
I-2-6-74 – In subsection C, we changed the title from “Questioning the VE” to “Expectations Regarding VE Evidence” and added provisions implementing SSR 24-3p. We listed what VEs should address when providing evidence. We stated that as applicable, VEs should identify the data sources, explain the general approach to estimating job numbers, account for certain differences in data sources that define exertion, education, or skill level differently than agency regulations or policy, incorporate EM-24027 content for occupations performed differently with more modern materials and processes, and explain how they accounted for differences in data sources that do not precisely correspond to each other. In subsection D, we listed the ALJ responsibilities to be in compliance with SSR 24-3p and when questioning the VE. We added subsection E, which states that we expect the claimant and the representative to raise any relevant questions regarding the VE's testimony at the time of the hearing.
Date: January 6, 2025