Skip to main content

WHY IS THERE A VOCATIONAL WITNESS AT SOCIAL SECURITY HEARINGS?

Social Security will call a vocational witness to attend every hearing for an adult claimant.  The vocational witness (sometimes called a "vocational expert") is paid by the Social Security Administration but is supposed to be a neutral witness--neither advocating for or opposing the claimant.  

The vocational witness (VW) will play a vital role in deciding whether you receive benefits.

 The VW has several purposes at hearings:

1.  Classify all of the claimant's Past Relevant Work (PRW).  PRW includes all the full-time jobs the claimant has held for the past 15 years.  These jobs will be described in detail to the VW.  He/she will then classify them in two ways:

  • Each job's exertion level (sedentary, light, medium, heavy or very heavy)
  • Each job s skill level (unskilled, semi-skilled, skilled)

2.  Answer the judge's questions about how various impairments effect the ability to perform various types of work.  Using these answer, the judge will determine whether the claimant can perform any Past Relevant Work, or any other work which exists in significant numbers in the national economy.

Ideally, the vocational witness will testify that:

a)  the claimant cannot perform any of his/her past relevant work, and

b)  the claimant cannot perform any other work which exists in the national economy

If both of these are established, then the claimant should be found disabled and awarded benefits.

For claimants under the age of 50, there is a real lurking danger.  The VW may find that claimant cannot perform any past work - but can perform other work.  For example, the claimant cannot perform medium or light work, but would be able to perform sedentary unskilled work, such as     

  1. inspector
  2. garment tagger
  3. envelope addresser

Comments

Post a Comment

Popular posts from this blog

MOST IMPORTANT FACTORS IN A SOCIAL SECURITY DISABILITY CASE

What are the top 3 most important factors in a Social Security disability case? 1.  Medical Evidence. 2.  Medical Evidence 3.  Medical Evidence 4-10     Medical Evidence Federal regulations set the eligibility requirements for Social Security disability (SSDI) benefits.  A claimant must meet these strict legal requirements More than anything else, the claimant's medical evidence will determine the outcome of the claim or appeal.  Without strong objective medical evidence Social Security cannot legally pay you a benefit. Objective Medical Evidence means the result of medical examinations, laboratory tests or imaging studies (X-rays, PT scans, MRI or CT scans). This type of evidence can only be obtained by going to your doctor. There's an old adage that says truthfully:  "The path to Social Security disability benefits runs straight through your doctor's office."  Being approved for an SSDI benefit requires objective medical proof. ...
Post a Comment
Read more

SOCIAL SECRITY DISABILITY: THE DECISION WRITING PROCESS

  By Charles W. Forsythe - The Forsythe Firm in Huntsville An Administrative Law Judge (ALJ) has made a decision on your Social Security disability appeal hearing. The decision must now be sent to to a process called "Decision Writing" - where an attorney or paralegal will draft the formal binding decision, explaining the judge's legal rationale for the decision and explaining the mandatory 5-Step decision making process. The decision writing process translates a judge's ruling into a formal, legally binding document. It is a vital but time-consuming phase that ensures all medical evidence and vocational factors align with the law. A typical written decision will be 10 to 20 pages, thus very detailed.  It takes time to write one. There are many decisions ahead of yours and usually they are written in the order received. The step-by-step process breaks down as follows: The Judge’s Ruling & Instructions:  Following your hearing, the Administrative Law Judge (ALJ) r...
Post a Comment
Read more

UNDERSTANDING THE 5-STEP SOCIAL SECURITY DISABILITY PROCESS

Receiving Social Security disability payments depend on one thing:  Proving that you are not able to work. The one and only thing that SSDI pays for is the physical and/or mental inability to work for a period of at least 12 months.  Who decides if you are able to work?  The Social Security Administration (SSA) will decide.--according to their own strict rules and regulations. In reaching that important decision, are you disabled or not, Social Security must use a 5-step examination process.  It's important to understand these 5 sequential steps. STEP 1:  The work Test .  Is the claimant now engaged in Substantial Gainful Activity (SGA)?  If yes, the claim is denied at Step 1.  They look no further.  You cannot be eligible for SSDI benefits if you are working at SGA, regardles of your medical condition.  (In 2026 you are working at SGA if you earn at least $1,690 per month from work or self-employment). STEP 2.  The Medical Requirem...
Post a Comment
Read more