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Social Security Disability Insurance (SSDI) is a valuable program that provides support to those who have been injured. These benefits can help you stay afloat financially until you can return to your job or provide critical support to those who can’t work due to their disabilities. Getting your Social Security claim approved can make a world of difference in your quality of life. 

During the initial benefits hearing, you may see many people providing input into your decision. Specifically, the judge may ask for a vocational expert’s testimony, leaving you wondering what a vocational expert is and why they are at your SSDI hearing. Let’s examine this aspect of the Social Security claims process more closely. 

How Does the Social Security Administration Determine if I’m Eligible for Benefits?

SSDI claim forms are reviewed closely to ensure applicants have provided all the necessary information and supporting documentation. To continue being considered for benefits, applicants must meet three basic criteria:

• They must earn less than an average of $1470 each month (as of 2023).
• Their condition must have prevented them from working for the past 12 months.
• They must have accrued at least 20 work credits within the past ten years.

If you meet these conditions, you’ll be scheduled for an initial benefits hearing. The hearing is to determine if the applicant could find employment even with their limitations. It must be conducted before the Administrative Law Judge (ALJ), who will award the claimant their disability benefits. It is extremely important to understand how the vocational expert testimony impacts the ALJ’s final decision. 

Why is a Vocational Expert Testifying at My Disability Hearing? 

A vocational expert’s testimony is a critical part of the hearing process to determine your eligibility for disability. Vocational experts know what skills and abilities are necessary to perform specific jobs. They are often called on to provide their expert opinion to the court about the claimant’s ability to find work despite their limitations.

The vocational expert will look at your work history and any skills you have which could be transferred to a new job. They will provide insight into your previous position and explain the requirements where you were employed when you were injured. Vocational experts use research to show whether claimants can perform their previous tasks even after an injury.

Their research consists of looking at your job description and your work history. They will determine what skills you have based on any past education and work experience that may help you find employment now. The vocational expert will weigh that information against other jobs with similar requirements to determine if any restrictions would prevent an employer from considering you for work.

Who Can Serve as a Vocational Expert for SSDI Hearings?

Individuals who serve as vocational experts (VEs) have been qualified as experts by the Social Security Administration (SSA). They often have undergraduate and perhaps post-graduate degrees in the field of vocational rehabilitation. Although they do receive compensation for testifying during a hearing, they serve as impartial witnesses. 

The Administrative Law Judge (ALJ) overseeing the hearing will ask the vocational expert to provide evidence about the claimant’s ability to perform the duties of their previous job or any other position. Questions from the ALJ are typically posed hypothetically but may include details similar to the claimant’s case. Your attorney will also be allowed to question the vocational expert to persuade the court in your favor.

A best-case scenario is for the vocational expert to testify that the hypothetical individual cannot perform any work tasks for either the claimant’s previous job or any potential future one. If that is established successfully, the ALJ may decide to award disability benefits.

Cross-Examining a Vocational Expert Witness

The claimant’s attorney has the opportunity to cross-examine the VE and ask them questions about their conclusions. For instance, your lawyer may ask about the VE’s sources, information, and research to determine if the information is outdated or irrelevant to your case. If so, your attorney can ask the judge to disregard the testimony.  

Your attorney will look for other ways to discount the vocational expert’s statements. For example, a job description may indicate no lifting is required, but in actuality, the worker may need to lift regularly. Suppose the worker is a medical technician whose job is to attach a piece of equipment to the patient. While the job description doesn’t say lifting is part of the job, the technician must sometimes assist patients onto the exam table. 

In this case, the work being performed differs from what has been stated in the description and is now outside the scope of the person’s limitations. Your lawyer can emphasize these inconsistencies and mistakes to strengthen your case. It’s their job to review all the information provided by the expert and point out when it doesn’t provide a complete picture of your situation. 

Your Attorney Will Push Back Against the Vocational Expert Testimony for Your Benefit

A vocational expert may look at a specific set of criteria and not consider other details. A prime example occurs when a person must take off a certain number of days per month or week or a certain number of hours per day for medical treatment. They might be unemployable because of missing too much work even if they can perform the job.

An experienced and trained Social Security Disability lawyer will examine your case thoroughly before the hearing to understand how your injury affects your ability to work. They’ll review the options available to you, talk to their own experts, and use resources that give a more accurate idea of your disability.

This allows them to push back and provide alternate interpretations of your abilities to the ALJ. Of course, this is not the only way your attorney will prepare for your disability hearing, but it is definitely going to be a factor in the outcome. 

Contact Us to Discuss Your Social Security Disability Hearing

Are you concerned about having your eligibility for SSDI challenged? Hire an experienced Social Security disability attorney to represent you in your hearing. They can help you obtain the disability you deserve by asking the right Social Security disability questions of the vocational expert. To secure the benefits you deserve, we will work diligently to have their testimony disregarded and rule out any jobs they may say you can do. 

Contact Krasno, Krasno & Onwudinjo for a free consultation at (844) 243-4843.