WILL A VOCATIONAL EXPERT HURT YOUR DISABILITY HEARING?

What is a vocational expert (VE)? This professional has training and experience in assessing how different medical conditions affect the ability to work. Vocational experts know what skills and capabilities are necessary to perform certain jobs, so they apply these factors to physical, mental, and emotional limitations in an attempt to match up the applicant with an appropriate job. At your hearing, the judge will rely on this expert to say whether or not you can perform certain jobs, including your past jobs. A vocational witness nearly always testifies at hearings.

Why would a vocational expert testify at my disability hearing? By denying your SSDI application Social Security is taking the position that you can work in some position – thus, you are not eligible for SSDI benefits. The VE can be called to your disability hearing to express his or her opinion on whether your work history and skills can be transferred to a new occupation. The judge will also propose hypothetical physical and mental limitations and ask the vocational witness whether there are any jobs that can be performed by a person with those limitations. If the expert testifies that jobs are still available, despite the claimant's limitations, the benefits can be denied.

Can I question a vocational expert witness? Yes, you can ask questions, and cross-examination is one of the most effective, beneficial tasks your attorney will perform. Your lawyer can expose weaknesses in the VE’s opinion by asking questions on:

• Research methods; how do you know this many jobs exist?

• Sources for the opinion; where do job numbers come from?

• Outdated information; When was your information last updated? And....

• Other details to show that the expert's opinions are not valid.

Testimony by the vocational witness (VE) is the most vital part of a hearing. His or her testimony can cause your case to be approved or denied. An attorney/representative who has appeared at hundreds (or thousands) of hearings will know what questions to ask and how to cross-examine the vocational expert. By the way, I don't think I've ever attended a hearing for an adult where a vocational witness was present to testify.