If you are trying to get approved for Social Security Disability benefits, reaching the hearing stage is important, but it can feel intimidating. At the Social Security hearing level, after denials at the initial application and reconsideration, you finally have the opportunity to present your case before a Social Security judge, called an “administrative law judge.”
In this video, national Social Security benefits attorney Andrew Kinney (at Hoglundlaw.com) applies his decades of experience to explain to you what the vocational expert—sometimes called a job expert—will do at your Social Security hearing.
Understanding what a vocational expert does and how they do it can make a difference in how you and your Social Security hearing attorney prepare for your Social Security hearing.
A vocational expert typically testifies by phone toward the end of your disability hearing, which usually lasts around 45 minutes. Hearings are commonly conducted by phone or video, though in-person appearances are occasionally possible. By the time your vocational expert testifies at your hearing, your judge has usually already heard your testimony about your medical conditions, symptoms, and work history.
Your vocational expert’s first task is to classify your past work. He or she usually reviews jobs you’ve held within the last five years and categorizes them using a resource known as the Dictionary of Occupational Titles (DOT). While this resource may seem obscure, it can play a crucial role in disability determinations. Each job you’ve done is assigned a code and defined by its physical demands (such as sedentary, light, or heavy work) and skill level (unskilled, semi-skilled, or skilled). This classification helps establish whether you can return to your previous work.
After defining your past work, your judge moves into a critical phase of your hearing: hypothetical questions for the vocational expert. Your judge will usually ask the vocational expert a series of hypothetical questions that reflect different combinations of physical and mental limitations. These hypotheticals may (and should) include your restrictions such as your limited ability to interact with coworkers, need for sedentary work, or difficulty maintaining consistent attendance.
Your vocational expert then evaluates whether a person (meaning you!) with these medical limitations could perform your kind of past work full-time or any other work that exists full-time in “significant numbers” in the national economy. For unskilled work that comes up, it is not important whether you have done it before, whether it is nearby, whether you’d actually be hired, or whether these kinds of jobs are available near you. Instead, the question for the vocational expert is this: With these medical limitations, do any kinds of jobs exist in the country that you could do full-time.
For example, a common hypothetical might involve absenteeism. If your judge asks whether someone who misses two or more days of work per month due to medical issues could maintain full-time employment, your vocational expert will likely respond that such a limitation would not allow competitive employment. These types of answers can strongly influence the outcome of your case. This also means that you and your hearing attorney should likely discuss this possibility before your hearing.
It’s essential to remember that vocational experts do not decide whether you are disabled. Their role is strictly to provide objective opinions based on the limitations presented to them. Your judge ultimately makes the final decision.
This is where having an experienced Social Security hearing attorney or representative can be particularly important. After your judge is done asking your vocational expert questions, your attorney or advocate should cross-examine your vocational expert to challenge assumptions and ask additional questions that may highlight how your limitations prevent you from working.
Preparation with your hearing attorney or representative BEFORE your hearing is key. You should understand your limitations and be able to clearly explain them at your hearing.
In the end, your vocational expert serves as a bridge between your medical limitations and the realities of the workforce. Their input helps your judge determine whether you are approved. If you understand the vocational expert’s role at your Social Security hearing, you go into your hearing with greater confidence and clarity.
Our lawyers at Hoglund Law Offices help clients across the country get approved for Social Security Disability and SSISSI stands for Supplemental Security Income. Social Security administers this program. We pay monthly benefits to people with limited income and resources who are disabled, blind, or age 65 or older. Blind or disabled children may also get SSI. benefits. No matter where you live, you can call us at 888-373-8806.