Vocational expert testimony at your Social Security Disability Hearing

A vocational expert (VE) is an expert witness called to testify at your disability hearing. A VE is present at about 85% of disability hearings. Unfortunately you and your attorney do not get to chose the vocational expert. Each Social Security Administration Regional Office maintains a roster of VEs who have agreed to provide opinion testimony.

The VE expert is an authority on vocational rehabilitation, vocational and earning capacity, lost earnings, cost of replacement labor and lost ability/time in performing household services. Social Security judges mainly call a vocational expert to testify regarding vocational rehabilitation. This is because if you do not meet a disability listing, then the Social Security Administration (SSA) must determine whether you can do your past work. If not, then they will consider whether there are any other types of jobs you can do in the national economy. This is all evaluated by taking into consideration your functional limitations, both physical and psychological.

The Vocational Expert will use that Work History Report in their evaluation and subsequent testimony. They will also use other relevant parts of your disability claim file to make their findings. 

A VE knows about job availability in the current labor market and the skills needed to perform certain jobs. The Vocational Expert is expected to understand the laws that govern disability claims, how the process works, and how a person is determined to be disabled.  They must also be educated in vocational counseling, rehabilitation, and understand occupational trends.  A very important part of their job is that they be well versed in local labor markets since that is an important part of disability claims.  They also should understand, and hopefully have experience in, helping people with disabilities and work restrictions find jobs.  These things will help them determine if there are actual jobs out there that an applicant can do.  

Typically near the end of disability hearings, disability judges will present vocational experts with sets of limitations to apply to a hypothetical claimant.  The judge will pose a question to the vocational expert using a hypothetical individual’s age, education, and limitations. This individual is meant to mirror your situation, without making it specific to you. Once the judge describes the hypothetical individual, the expert will then testify as to whether someone with this vocational profile could perform the past work listed. If the hypothetical individual would not be able to perform the past relevant work then the judge may add additional limitations of the exertional (limited to sedentary, light, medium work), and non-exertional limitations (such as vision issues, reaching, handling, balancing, and concentrating).  These limitations are often introduced in stages, with additional limitations being added with each iteration.  Judges use this testimony to examine varying levels of limitations and better understand how those limitations affect a Claimant’s ability to maintain employment.  It is not uncommon for a judge to initially present a hypothetical with very few effects, and then add additional effects in additional iterations.  One could view the purpose of these multiple questions as finding the point at which the hypothetical person becomes too burdened to engage in Substantial Gainful Activity.  There are many variables that may be considered during this kind of testimony, and a well-prepared Claimant or their attorney should be able to capitalize on these variables to positive effect.  The text, Selected Characteristics of Occupations is a wise place to start when identifying how limitations may affect a Claimant’s work prospects.

Your attorney will have an opportunity to question the vocational expert. Your attorney will try to rule out the proffered jobs by including limitations that the judge left out of the hypothetical. The goal is to try to get the vocational expert to say there are no jobs that you can do. These hypotheticals are meant to convince the vocational expert that you are truly unable to perform any job. Attempting to cross-examine the vocational expert by yourself without representation is quite difficult and rarely results in an approval. If you would like experienced representation at your appeals hearing, feel free to contact me.

When questioning the vocational expert, there are two types of approach that may be employed.  One class of question relates to the hypothetical as presented by the Judge.  The second type of question can be presenting by making up one’s own hypothetical, or adjusting the Judge’s scenario and asking questions.  For the second type of questions, it would be wise to be able to ensure that the hypothetical reflect limitations that are supported by medical evidence in the Claimant’s case file.  Both types of questions though may represent great help to Claimant’s case, and one should be aware that there are certain times to not ask questions (such as where there has been no testimony that hurts your case).  Also note that the vocational expert is not necessarily an adversary.  Though their experience varies widely, in most cases, their responses are driven by the hypothetical limitations as opposed to any other agenda.  Though their evidence may be harmful to a Claimant’s case, I have seen very few vocational experts that consistently “have it out” for Claimants, and most vocational experts, if presented with an appropriately targeted and persuasive question, may provide testimony that can strengthen a Claimant’s case considerably.

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.