1st Circuit Rejects Use Of Daubert For Social Security Vocational Experts

(April 4, 2018, 12:10 PM EDT) -- BOSTON — The First Circuit U.S. Court of Appeals, in an April 3 opinion written by a retired U.S. Supreme Court justice, declined to adopt any Daubert standard for the admissibility of vocational expert testimony in Social Security disability proceedings, finding that an expert’s reliance on commonly used software to determine the availability of jobs falls well within the flexible “substantial evidence” standard for such proceedings (Rita Purdy v. Nancy A. Berryhill, No. 16-2242, 1st Cir., 2018 U.S. App. LEXIS 8462)....

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