The Impact of Nonexertional Limitations on Loss of Earning Capacity Evaluation in the Litigated Case

Vocational experts have appeared and testified in the courts in the United States for the better part of half a centw.·y. The systematic process used by vocational experts to arrive at their conclusions has been well-documented, and many are comfortable dealing with questions requiring them translate a disabled person’s physical limitations into reduced labor market access or loss of earning capacity. The same is not true when it comes to nonexertional limitations. This article speaks to the need for addressing the manner in which a vocational expert may deal with nonexertional limitations in a logical and defensible way.