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Administrative Law Keyed to Popper
Biestek v. Berryhill
Citation:
139 S. Ct. 1148 (2019)Facts
Michael Biestek, who had previously worked as a carpenter and construction laborer, applied for Social Security disability benefits claiming eligibility as of October 2009 due to degenerative disc disease, Hepatitis C, and depression. At his hearing, vocational expert Erin O’Callaghan testified that despite his limitations, Biestek could perform sedentary jobs such as “bench assembler” (240,000 jobs nationally) or “sorter” (120,000 jobs nationally). When Biestek’s attorney asked where these numbers came from, O’Callaghan stated they were based on Bureau of Labor Statistics data and her “own individual labor market surveys” contained in confidential client files. When asked to produce these surveys with client names redacted, O’Callaghan declined, and the ALJ stated she would not require their production. The ALJ ultimately denied benefits for the period before May 2013 (when Biestek turned 50), relying on the vocational expert’s testimony about available jobs.
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