KO WEBINAR - STOP LOSING AT STEP 4

KO WEBINAIR

STOP LOSING AT STEP 4

Karl Osterhout says there is no dishonor in using scripts in hearings. His webinar “Stop Losing at Step 4” was full of scripted questions to use during vocation cross-examination. He spent a lot of time discussing the “real life cross” which is described as using what representatives already know from personal experience to ask questions about jobs. See the following excerpt from the webinar materials highlighting the real life cross:

So, then ask this question, and you need to ask them individually:

You heard the claimant describe today the specific tasks associated with being [a retail manager], and you testified that the maximum requirement of that job was [heavy work] lifting requirements associated with the job as he performed it. Does this description, in general, seem consistent in the real work world with how this job is performed?

Whether the answer is yes or no,

Would it be fair to say, then, that most or even all retail managers have days at work when they have to: [stand/walk all day], [lift more than 20 pounds], [reach overhead more than occasionally], [[stooping] [kneeling] [crouching] more than occasionally], [would be unable to perform all their job tasks if they use a cane to stand/walk, and therefore only had one hand available] even if only rarely?

If the VE’s answer is yes, then shut up and go home and write your post hearing memo, which will be that the VE testified that the claimant’s job is not generally performed as described in the DOT (on this one, I just like to use the dictionary definition of “generally” performed as “generally” has to mean more than 50%, and the VE’s testimony establishes the opposite) and that he must win based on the only RFC presented to the ALJ because of age, education and PRW.

When the answer is no, first PUSH, gently:

Is it your testimony, then, that people who perform the job of retail store manager NEVER have to perform tasks like those described by the claimant?

If still no, I tend to push harder:

Never, EVER?

We thank Osterhout Berger Disability Law for sponsoring this webinar! If you missed it and would like to purchase the webinar, please go HERE.