Social Security Disability and Vocational Evidence

Reviewed by KWVRS Editorial Team · Last updated

SSA disability adjudication uses a sequential evaluation process ending with vocational questions at steps 4 and 5. Vocational experts apply Dictionary of Occupational Titles (DOT) terminology and SSA-specific frameworks that differ from civil-litigation vocational analysis. Since January 6, 2025, SSR 24-3p has governed how vocational expert evidence is presented and evaluated; it rescinded and replaced SSR 00-4p.

The sequential evaluation

SSA's five-step sequential evaluation asks: substantial gainful activity, severe impairment, listing equivalence, past relevant work, and other work. Steps 4 and 5 rely on vocational evidence.

Role of the vocational expert

SSA vocational experts answer hypothetical questions from the Administrative Law Judge (ALJ) regarding the claimant's ability to perform past relevant work or other work in the national economy given the residual functional capacity.

The governing framework is SSR 24-3p, which SSA applies to claims pending on or after January 6, 2025 and to applications filed on or after that date. Under SSR 24-3p a vocational expert may rely on professional experience and on any reliable source of occupational information commonly used in the vocational profession, not only the DOT. The expert is expected to identify the sources of the data relied on, to explain the general approach used to estimate job numbers, and to explain any difference where a source defines exertion, education, or skill levels differently than SSA's regulations. The adjudicator then determines, on the vocational evidence and the record as a whole, whether the expert's evidence is adequate to support the finding at step 4 or step 5.

SSR 24-3p rescinded and replaced SSR 00-4p, which governed determinations and decisions issued before January 6, 2025. SSR 00-4p required adjudicators to identify and resolve apparent conflicts between vocational expert testimony and the DOT; SSA no longer requires adjudicators to identify and resolve conflicts between the expert's occupational information and the DOT.

Contrast with civil-litigation vocational work

Civil litigation applies open-ended methodology (transferable skills analysis (TSA), labor market survey (LMS), full labor market analysis). SSA testimony is constrained by the regulatory framework and SSA rulings; it uses DOT terminology together with the other reliable occupational sources SSR 24-3p permits.

Frequently Asked Questions

Which Social Security Ruling governs vocational expert evidence?

SSR 24-3p, published in the Federal Register on December 6, 2024 and applied by SSA from January 6, 2025, governs the use of occupational information and vocational expert evidence in disability determinations and decisions. It rescinded and replaced SSR 00-4p, which governed determinations and decisions issued before that date.

Can an SSA decision affect a civil case?

SSA decisions are evidentiary but not binding in civil litigation. Civil vocational experts perform independent analyses.

References

  • Evaluation of disability in general, Social Security Administration disability regulations, Code of Federal Regulations (2024). ecfr.govCase Law
  • SSR 24-3p, Titles II and XVI: Use of Occupational Information and Vocational Specialist and Vocational Expert Evidence in Disability Determinations and Decisions, 89 Fed. Reg. 97158 (Dec. 6, 2024) (applied from Jan. 6, 2025; rescinds and replaces SSR 00-4p). federalregister.govCase Law
  • SSR 00-4p, Titles II and XVI: Use of Vocational Expert and Vocational Specialist Evidence, and Other Reliable Occupational Information in Disability Decisions, 65 Fed. Reg. 75759 (Dec. 4, 2000) (rescinded and replaced by SSR 24-3p, applied from Jan. 6, 2025). federalregister.govCase Law
  • Social Security Administration. (2024). Disability evaluation under Social Security (SSA Publication No. 64-039). ssa.govGovernment
  • Social Security Administration. (n.d.). Program Operations Manual System (POMS). secure.ssa.govGovernment

Recommended next step

Discuss how this applies to your case

KWVRS provides independent, objective analysis for plaintiff and defense counsel nationwide. Tell us about the matter and we will scope the appropriate deliverable, or explore the relevant practice area below.