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

Last Update: 4/26/16 (Transmittal I-3-139)

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

  • How a particular job is usually performed;

  • Whether the claimant acquired any skills in past relevant work and, if so, whether the claimant can use such skills in a significant number of skilled or semi-skilled occupations that the claimant has the residual functional capacity to perform;

  • Based upon hypothetical situations the ALJ describes, what jobs the claimant can perform, the incidence in the national economy of such jobs, and whether, for individuals age 55 or over, such jobs require any vocational adjustment;

  • 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.