Doug Landau challenges Vocational Experts’ Testimony in Disability Cases
Posted by: Doug in Disability, Job Accidents, Social Security, preparing for CourtIn a disability case tried in the District of Columbia, Doug Landau confronted the Federal Government’s Vocational Expert (”VE”), much to the displeasure of the Judge. While Landau did not dispute the expert witness’s credentials or experience, the Herndon Reston area disability and injury lawyer cross-examined the VE armed with the treating doctors’ findings and objective evidence.
This ABRAMS LANDAU client’s spine was injured in a truck accident. This middle-aged gentleman from Loudoun County had a catastrophic back injury when the truck he was driving broke. Unfortunately, he had another lawyer represent him in his workers comp claim, and that attorney would not spend the time, money or effort necessary to work up a potential product liability case. By the time he came to ABRAMS LANDAU, Ltd., on referral from the National Organization of Social Security Representatives, the time limit (”statute of limitations”) had run on his negligence case and he had settled his workers comp claim.
Doug Landau took over this life-long truck driver’s disability case and set about to prove his inability to do any kind of work found in significant numbers in the national economy. Doug Landau presented evidence that his client could not even sit and concentrate long enough to get his G.E.D. after the truck crash and several operations. Landau had his client bring the bag containing all of his medicine bottles, and had the man’s father testify on his behalf as to his inability to even complete minimal activities of daily living (”ADLs”). The father gave SPECIFIC EXAMPLES of his son’s dropping things, tripping, falling and forgetting to take his prescription medications.
Nevertheless, the Vocational Expert hired to testify against the disabled claimant who had not worked since 2003, stated, under oath, that he could be a parts inspector, security guard or assembly line worker in the with the option to sit or stand as needed in the “sedentary, unskilled” occupation category of the “Dictionary of Occupational Titles” and that there were thousands of such positions in the economy. How Experienced Disability Trial Lawyer Doug Landau was able to handle such prejudicial testimony will be addressed in tomorrow’s entry. He is shown here, in front of the ABRAMS LANDAU, Ltd. building with his client and his client’s father.



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