During our last session we introduced subpart J of the Code of Federal Regulations (CFR) part 404 as really meeting the nuts and bolts of what a SSA VE or Social Security Administration vocational expert does on a day-to-day basis. Subpart J is what actually gets us into the role..meaning how SSAVEs perform the role.
We stopped at the section starting in the actual hearing before an administrative law judge or ALJ. This section is where it really breaks down the actual procedures of the hearing. The section includes availability and parties involved who will participate during this hearing, how the claimant submits written evidence, and then how the actual hearing is scheduled overall. Once these actions are set, the notices go out. Participants get disqualified or qualified prior to arrival and then the proceedings and decisions that are dictated by attorneys or advisers come into play.
Then the actual hearing begins. This hearing is dictated by the procedures which set forth starting with 404.944. That specific section also delineates the issues that can come before the court at that level, what they can decide without a hearing overall, as well as written statements vs oral arguments and how those actually come in before the administrative law judge to enable the final decision.
Overall subpart J covers everything from the beginning to the end of the actual administrative logistics section and how it could go up or down in the overall disability process. Don’t forget, all of these issues clarify individual duties of the SSAVE making the information something that they need to understand on a day-to-day basis.