Have you noticed that when the ALJ says something is moderately limited or the claimant has “moderate” limitation in X the VE has no problem providing jobs but if you use the qualifier “moderate” in your cross-examination they more often than not will say something like, “I don’t know what ‘moderate’ means.”

Either moderate means something or it does not. The same is true with any other term. You always want to get definitions of terms in the ALJ’s questions and in the VE’s answers.

So, how do you deal with “moderate” only having meaning if the ALJ uses it? The best time to deal with it is before the hearing, obtaining medical opinions with specific limitations (using numbers or percentages).

Define limitations more specifically with testimony by the claimant and witnesses. With a difficult ALJ, do not hesitate to bring multiple witnesses. But be sure they will all say different, relevant things.

Ask the VE when the percentage of sub-standard work becomes significant to employers. Then assume that “moderate” means 1 percent more than that.

But you will be much better off trying to obtain specific number/percentage limitations from the claimant’s treating sources. The more specific (supported by the evidence) you can be in your cross examination the more effective your cross examination will be.