Skip to main content

WHAT DOES A VOCATIONAL EXPERT DO AT A DISABILITY HEARING

I have helped Social Security disability claimants in thousands of hearings.  In nearly every adult case, Social Security will call a vocational witness to give testimony.  These are also called "vocational experts."  They are vocational rehabilitation counselors who are educated in job skills and the job market - and they must know the rules and regulations of the Social Security Administration.

What is the purpose of the Vocational Expert (VE)?

In short, the VE has two functions at the hearing:

1.  (S)he will be asked to classify the claimant's past relevant work (PRW)   according to:

  •      Skill Level:  Was each job skilled, semi-skilled or unskilled  
  •        Exertion:  Was each job sedentary, light, medium, hard or very hard?

 2.  (S)he will take the judge's hypothetical work restrictions and provide examples of the kind of jobs available to the claimant in the national economy. (Not the local economy, the national economy).

Remember your goal at the hearing:  To show that your condition is so severe that you cannot perform any job that exists in the national economy.  So, the VE's testimony is very crucial.  If the VE names jobs that you could perform, given your current work restrictions, you will be denied.

Proving that someone is so disabled that they cannot perform ANY job which exists in the national economy is a tall order. 

But, if you are under age 50, that is exactly what you must prove to be awarded benefits. And you (or your lawyer) must get the VE to admit that you cannot perform any work in the national economy.

If you are 50 or over, you may only have to prove that you cannot perform any past relevant work--which means the full-time jobs you have held within the 5 years prior to filing for disability.

Handling the testimony of the Vocational Expert is possibly the most crucial job in a hearing.  Victory or defeat literally rests with the VE's testimony in most cases.

It requires training, skill and resolve to deal with Social Security's vocational experts (VE's).  That is a job best handled by an attorney or experienced disability advocate who understands vocational testimony and how to clarify or discredit it.

I think that most unrepresented claimants are simply shocked when they encounter these government experts in their hearing.  Here is an individual speaking a 'foreign' language that you don't understand, talking about DOT codes and SVP factors--and jobs you have never heard of--telling the judge that you could be a pickle pusher, a copy collator or a garment hanger.  You realize, now near the end of your hearing, that you're in deep water and can't see the far shore.  But it's too late.  This is the only hearing you will get and the VE has just blown you out of the water.  

If the Government is going to have their experts in the hearing, shouldn't you have your own expert?  It's just common sense!

________

The Forsythe Firm in Huntsville - Social Security disability specialists--

(256) 799-0297.

 

 

 

Comments

Popular posts from this blog

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION

MISTAKES THAT RUIN A SOCIAL SECURITY DISABILITY APPLICATION  The paperwork for Social Security disability is daunting:  page after page of never-ending questions.  But, since most applications will be denied, it behooves you to complete the application correctly.  Here are some mistakes on your Social Security disability application that may ruin your claim.   Failing to Fill Out the Forms —The Social Security Administration (SSA) will send you a lot of forms to fill out. It’s up to you to make sure that you fill out every part of those forms correctly.  Don’t forget: if a question doesn’t apply to you, put “not applicable” or “N/A” in the provided space.   Do not leave anything blank. Return all forms within 10 days. If you don't your application may be discarded or withdrawn. Writing Illegibly —If your case reviewer can’t read your answers, then he/she can’t really say that you answered that question. Be sure the  answers to questions are nea...