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No. 17-1184October Term 2018Decided Apr 1, 2019

Docket 17-1184October Term 2018 (2018–2019)

Biestek v. Berryhill

A vocational expert's refusal to share underlying data does not automatically make the expert's testimony unusable in a disability case.

Case status

Current stage
Decided
Latest event
Decision released Apr 1, 2019
Case Accepted
Arguments
Decision ReleasedApr 1, 2019
What it's about

This case was about a Social Security disability benefits hearing in which an administrative law judge relied on a vocational expert’s testimony about jobs the claimant could still do, even though the expert refused to turn over the survey data behind her job-number estimates. The Supreme Court decided that such testimony is not automatically disqualified and can still count as substantial evidence, depending on the circumstances of the case.

Question presented

Whether a vocational expert's testimony can constitute substantial evidence of "other work," 20 C.F.R. § 404.1520(a)(4)(v), available to an applicant for social security benefits on the basis of a disability, when the expert fails upon the applicant's request to provide the underlying data on which that testimony is premised.

Case path

United States Court of Appeals for the Sixth Circuit / Decision released Apr 1, 2019

Area

Decided Supreme Court case

Briefing

What it's about

This case asked whether a vocational expert's testimony can count as enough evidence in a Social Security disability case when the expert refuses to provide the data behind job-number estimates. The Supreme Court said that testimony is not automatically thrown out and may still count as substantial evidence, depending on the facts of the hearing.

Vote

The Court decided that this kind of vocational-expert testimony is not automatically disqualified and can still count as substantial evidence depending on the circumstances. The prompt does not provide the vote count or opinion lineup.

Impact

The decision affects disability applicants and the government in Social Security hearings. For example, an administrative law judge may still rely on an expert's job estimates even if the expert does not hand over the supporting survey data.

What's next

The Supreme Court has finished with this case. In practice, lower courts and Social Security adjudicators must apply the Court's case-by-case approach in future disputes over expert testimony.

What was the main fight in Biestek v. Berryhill?

The dispute was whether a vocational expert's job-number testimony could support denying disability benefits without producing the data behind those estimates. The Court said the answer depends on the circumstances, not a flat rule.

How could this decision affect people seeking disability benefits?

It can make it harder for some applicants to knock out expert testimony just because the expert will not share supporting data. Judges may still treat that testimony as enough evidence in some hearings.

What happened next after the Supreme Court decided the case?

The Supreme Court's work on this docket ended with the 2019 decision. Future Social Security cases must use the Court's approach when evaluating similar expert testimony.

Decision

Decision record

What the Court decided

A vocational expert's refusal to share underlying data does not automatically make the expert's testimony unusable in a disability case.

Impact

The decision affects disability applicants and the government in Social Security hearings. For example, an administrative law judge may still rely on an expert's job estimates even if the expert does not hand over the supporting survey data.

Not official Court text.

Opinion documents