Securing Social Security Disability (SSD) benefits is a complex and often challenging process. For many claimants, the outcome hinges on a hearing before an Administrative Law Judge (ALJ), where a key witness is the vocational expert (VE). This expert’s testimony regarding your ability to perform past work or other jobs in the national economy is critical.
In the past, VEs primarily relied on the Dictionary of Occupational Titles (DOT), a resource that has not been updated since 1991. Recognizing the outdated nature of the DOT, the Social Security Administration (SSA) has introduced significant changes through rulings like SSR 24-3p. This new policy encourages VEs to use additional, more current sources of occupational data.
This is where the Occupational Requirements Survey (ORS) comes in. Developed by the Bureau of Labor Statistics (BLS) for the SSA, the ORS collects detailed and up-to-date information on the physical, cognitive, and mental requirements of a wide range of occupations. Unlike the DOT, which is a static resource, the ORS is a dynamic survey that provides a more accurate picture of today’s job market.
Under SSR 24-3p, the burden on the claimant at Social Security Disability hearings has shifted. While the ruling is intended to modernize vocational evidence, it places a greater responsibility on the claimant and their representative to actively challenge a vocational expert’s (VE) testimony. For a claimant, these changes mean that your representative expertise is more crucial than ever. An effective representative must now be deeply familiar with the ORS and its data. They need to be able to:
- Challenge VE Testimony: A knowledgeable attorney can cross-examine the VE on their data sources, identifying inconsistencies and ensuring their testimony is based on reliable, comprehensive evidence from the ORS, not just outdated DOT information.
- Present a Stronger Case: By understanding the nuances of the ORS data, your attorney can build a more robust argument about your limitations and how they prevent you from performing jobs as they are currently performed in the national economy.
- Navigate Conflicting Data: VEs may still use a combination of sources. Your attorney must be able to recognize when a VE’s testimony relies on data that conflicts with the ORS and demand a clear explanation for the discrepancy.
The shift to modern data sources like the ORS is a major development in SSD law. It underscores the need for expert legal representation that can effectively utilize the most current occupational information to fight for your right to benefits.