YOUR BIGGEST PROBLEM AT A SOCIAL SECURITY DISABILITY HEARING

One of the biggest obstacles you will face at a Social Security disability hearing is the testimony by a vocational witness, or "vocational expert" (VE). This is a disability counselor that the government has hired to appear at your hearing and provide expert testimony.

The VE will testify concerning two broad areas:

1. Classification and description of your past work, then answer the judge's question, "Can the claimant perform any of this past work?" If the answer is Yes, the judge may use this testimony to deny your claim. (Step 4 denial).

2. If the claimant cannot perform any past work, are there other jobs in the U.S. economy that the claimant would be able to perform? If the answer is Yes, the testimony may be used to deny your benefits. (Step 5 denial).

However, the vocational witness is subject to cross examination. He/she can be made to explain answers, account for the source of information, and to explain how various functional limitations restrict the ability to perform certain jobs.

The problem is, you don't know how to cross examine the claimant effectively or in a way acceptable to the Social Security Administration. You are under a tremendous amount of pressure and you have just been grilled by the judge. The vocational witness has spoken in terms of DOT Codes, SVP levels and the national job base. You don't understand most of what she has said. How will you effectively cross examine her on her own turf? You can't.

That's why you need your attorney/advocate present, who will turn to the VE and say: "I have a few questions for you about your testimony." This often turns the case around, allowing the judge to ignore unfavorable testimony, creating doubt about the VE's information, and getting the case paid.

That's one of the top reasons we say, Never, Ever go to court unrepresented."