I-2-5-54.Obtaining Vocational Expert Testimony

Last Update: 9/28/05 (Transmittal I-2-68)

A. The HO staff will contact the VE and schedule him or her for hearings as necessary.

The notification letter is produced when the Notice of Hearing is generated. To request an VE to testify at a hearing, the ALJ or HO staff will complete the notice in DGS at the same time the Notice of Hearing is generated for the claimant. Under the “Hearing Information” tab in the Notice of Hearing user form, select either “Vocational Expert” or “VE & ME” depending on what type of expert testimony needed, and the VE's notice will be generated automatically. The HO staff must modify the form as necessary to adapt it to the specific case and include:

  • all identifying information;

  • the issues to be considered; and

  • the name and telephone number of an HO staff person the VE may contact if he or she has any questions or problems.

B. Distribution of Notice of Hearing to Vocational Expert

Distribute the Notice of Hearing to the VE as follows:

  • Send the original to the VE, along with any necessary enclosures (See I-2-5-38 C., below.)

  • Send copies to the claimant and the representative.

  • Place a copy in the CF.

  • Place a copy in the HO file.

C. Providing the VE with Relevant Evidence

The ALJ must provide the VE with relevant vocational evidence that will assist the VE in providing the vocational opinion. This evidence must include:

  • photocopies of the vocational evidence arranged in chronological order and marked as proposed exhibits;

  • a copy of the VE's professional qualifications for verification;

    NOTE:

    Do not include the professional qualifications of other sources.

  • a list of the proposed exhibits tendered to the VE using Form HA-540, Exhibits List (to access Form HA-540 go to DGS, click on the “Exhibit” tab; then click on “Exhibit List” tab);

  • copies of all prior correspondence between the ALJ and the VE, if any;

  • a transcript or summary of any vocational testimony provided in a prior hearing on the same case; and

  • a copy of pertinent parts of the VE orientation package if there is no BPA with the VE.