Frequently, early in a hearing an ALJ will ask something along the lines of “Do you stipulate to the qualifications of the VE?”

The problem is that the regulations do not establish that any qualifications exist. The ALJ can call a dog as a witness if they want.

So how do you deal with “Do you stipulate to the qualifications of the VE?”?

You respond with one of the following:

• I have no objection to him testifying, but I may object to his testimony.

• I am aware of no regulation that would preclude her testimony.

• I will stipulate that she has met the Social Security Administration’s requirements to testify.

You can, and should, voir dire the VE and ask them the following questions:

• Are you familiar with the requirements of the VE Handbook (2020)?
  • So, you know you must cite, explain, and furnish any sources you rely on?
    • Did you bring them, and are you prepared to furnish them?
      
• You have current knowledge of and experience with occupational trends?
  • How recently have you placed disabled workers in jobs? How many?
    
• Do you have a graduate degree in vocational rehabilitation?
  
• Are you a certified rehabilitation counselor?
  
• Are you qualified as a labor market statistician? What are your qualifications?

Bear in mind that if you answer “Yes” to the question “Do you stipulate to the qualifications of the VE?”, you have shut the door on your ability to challenge those qualifications later in the hearing or post-hearing.