Exposing the Step 5 Job Number Crisis: From Administrative Stonewalling to Federal Court Reversal (Presented by National Organization of Social Security Claimants’ Representatives)

This session examines the fundamental flaws in the Occupational Requirements Survey (ORS) methodology, including non-standardized data collection, the false assumption of independence, and missing data points for RFC limitations. Attendees will learn why the simple probability method used to calculate job numbers creates a statistical crisis that can make vocational evidence say virtually anything.

Learn practical strategies for building a strong federal court record, including subpoenaing vocational data in pre-hearing letters, objecting to non-expert statistical testimony, and crafting effective cross-examination questions. This session covers three essential questions to ask vocational witnesses and how to use post-hearing memoranda to challenge unreliable job numbers.

This session explores how to frame Step 5 challenges as constitutional due process violations when agencies fail to substantively engage with rebuttal evidence. Attendees will examine favorable district court holdings and Supreme Court precedent on agency discretion to build compelling arguments for federal court review.