I-2-5-56.Obtaining Vocational Expert Testimony After the Hearing

Last Update: 1/21/20 (Transmittal I-2-232)

An administrative law judge (ALJ) may determine vocational expert (VE) evidence is needed during or after a hearing. For example:

When VE testimony is needed after the hearing has been held, the ALJ will determine whether the testimony will be obtained in a supplemental hearing or in written interrogatories. In deciding how to obtain the testimony, the ALJ must carefully balance administrative efficiency with the claimant's rights with respect to post-hearing evidence. See Hearings, Appeals and Litigation Law manual I-2-5-30. The ALJ may consider:

If the ALJ determines a supplemental hearing is needed, the expert will generally appear by video teleconferencing or telephone.

NOTE:

Regardless of the method used to obtain VE evidence, or whether the claimant is represented, the ALJ must question the VE in lay terms and elicit responses in terms that the claimant can understand (to the extent possible).