VEs

[crazybroad]

I recently heard that most offices use VEs for every case.  How true is that?  Only a few use them in ours.  I believe it is the way to make the denial decision most defensible.  When, and not if, I make it through this ALJ selection process.  I will use them in cases where I'm leaning toward denial after review of the pulled case.

[barkley]

I think there is a great deal of variety in the use of VEs based on location.  Technically, a VE should be used anytime an ALJ finds non-exertional limitations AND no PRW.  But it kind of depends on which group of Appeals Council judges you are under.  We have one judge who was associated with a hearing office in another state for about 20 years - their AC let them get away with no VEs.  He moved to my office and because of his past practise, he refuses to ever have a VE on an initial hearing - the only VEs he uses are if the AC tells him he must.  Consequently, he by far has the highest remand rate in the office.  And refuses to change his ways.  Sigh.