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

IF I CHANGE ATTORNEYS WILL IT DELAY MY DISABILITY CASE?

No.  Getting a new attorney will NOT delay your pending Social Security disability claim or appeal .  Your new attorney "inherits" the case and picks up where the other attorney left off.  There is no re-filing or starting over, so your case is not set back or delayed at all.  Social Security maintains an electronic folder stored in its system.  This folder contains every document ever submitted concerning your claim or appeal.  Your new lawyer may log into your electronic files and see, in real time, all the evidence and other documents in your file. While we do not recommend changing attorneys while your case is pending a decision, it is sometimes necessary.  You may need a new lawyer if your attorney dies, retires or  becomes disabled before your case is settled.  You may choose a new attorney without delaying or causing any set back to your case. If you are considering obtaining a lawyer to handle your Social Security disability case in...

URGENT MESSAGE FROM SOCIAL SECURITY'S TOP OFFICIAL - February 18, 2025

There is a lot of talk and speculation about Social Security in the new Trump Administration.  The acting commissioner of Social Security recently resigned and Lee Dudek has been appointed the new Acting Director. Today (2/18/2025) I received a message from the new Acting Commissioner Dudek.  Here is part of Director Dudek's message on Social Security for 2025:   Our continuing priority is paying beneficiaries the right amount at the right time, and providing other critical services people rely on from us. DOGE personnel CANNOT make changes to agency systems, benefit payments, or other information. They only have READ access. DOGE personnel do not have access to data related to a court ordered temporary restraining order, current or future. DOGE personnel must follow the law and if they violate the law they will be referred to the Department of Justice for possible prosecution.                      ...

SOCIAL SECURITY DISABILITY APPLICATION PROCESS

  Here is a brief overview of what takes place after you file your Social Security disability application : Application confirmation  – Social Security will mail you a copy of your application to sign. You will have an opportunity to review the application, correct any errors, and send it back to Social Security for processing. You must return the signed application. Social Security will not process your application until they receive your signed confirmation. And they don't send reminders about this. Function report  – Social Security will mail you a form called a function report . This form will ask questions about your personal care, meals, house and yard work, getting around, shopping, money, hobbies and interests, social activities,  and other abilities. This form will help Social Security determine what you can and cannot do on a daily basis. It must be filled out carefully and fully and returned. Work history report  – Social Security will ma...