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United States Seventh Circuit


DONAHUE v. BARNHART, 01-2044

In an administrative proceeding on an application for supplemental security income, when there is a discrepancy between the testimony of a vocational expert and the Department of Labor-s Dictionary of Occupational Titles, if no one questions the expert's foundation or reasoning, the administrative law judge (ALJ) is entitled to accept the vocational expert's conclusion. If the discrepancy is questioned at the hearing, however, the ALJ should make an inquiry similar, but not necessarily identical, to that of Rule 702 of the Federal Rules of Evidence.

Appellate Information

  • Argued 11/14/2001
  • Decided 01/25/2002
  • Published 01/25/2002

Judges

  • EASTERBROOK, Circuit Judge., Before COFFEY, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • Frederick J. Daley (argued), Chicago, IL, for plaintiff-appellant.

  • For Appellees:
  • Malinda Hamann (argued), Social Sec. Admin., Office of the General Counsel, Region V, Chicago, IL, for defendant-appellee.
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