A labor market survey is offered to prove something specific: that work within the claimant's restrictions exists, in reach, at a stated wage. A printout of job board listings does not prove that, and everybody in the hearing room knows it.
Contact the employer
The distinguishing feature of a survey worth relying on is that a human being called the employer. Does this position still exist. What does it actually pay. What are the physical demands, in the employer's own words. Would you consider a candidate with these restrictions.
That last question is where most surveys quietly fail. A position that exists and pays well and is physically compatible is still not an opportunity if the employer will not consider the candidate.
Document the contact
Name, title, date, phone number, and what was said. A survey where the contacts are documented can be tested. One where they are not is an assertion.
- Employer name and location
- Person contacted, their role, and the date
- Wage or wage range as stated by the employer
- Physical demands as described by the employer
- Whether the position was open at the time of contact
Keep the geography honest
A survey that reaches across the valley to find a wage is a survey that has to answer for commute. Henderson to North Las Vegas at shift change is not a trivial ask of someone with a lifting restriction and a bus pass. State the location and let the record show it.
Say what you did not find
A survey that reports only favorable findings reads as advocacy. If the local market for a given occupation is thin, say so and say how many employers were contacted to establish it. Counterintuitively, a survey that reports its own negative findings is more persuasive on the positive ones.
General information about Nevada vocational rehabilitation practice. Not legal advice.
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