Justices Hard To Read In Key Social Security Procedure Case

By Bill Nolan (December 11, 2018, 2:12 PM EST) -- In a case of great importance to advocates for Social Security claimants, the justices of the U.S. Supreme Court suggested no clear direction during last week's oral argument in Biestek v. Berryhill, an important Social Security case out of the Sixth Circuit that will resolve a long-standing circuit split. The question before the court in Biestek is whether a vocational expert's testimony can be substantial evidence of available other work under the Social Security regulations when the expert fails to provide the underlying data on which that testimony is based. The issue seems straightforward in one sense, but the wide range of questions at oral argument suggest that it may not be....

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