If you have a Social Security disability hearing scheduled, you probably will be told that a Vocational Expert, often called a VE, will be testifying.
Many people have never heard of a Vocational Expert before their hearing. They often wonder who this person is, why they are there, and whether they have any say in the outcome of the case.
Here’s what you need to know.
What Is a Vocational Expert?
A Vocational Expert is a person who has special education, training, and experience in jobs and the workplace.
Vocational Experts are not employees of Social Security. They are independent experts who are paid a fee to provide expert testimony at hearings.
They are also not doctors. They do not diagnose medical conditions and they do not decide whether you are disabled. They do not have an opinion about whether you can work. They have never met you, tested you, or reviewed any of your medical records.
Their job is to answer questions about jobs and work requirements.
For example, they may testify about:
- The physical requirements of different jobs
- The mental requirements of different jobs
- How the government classifies work a person has done
- Whether there are other jobs a person could perform that fall within the specific limitations the judge identifies
Why Does a Vocational Expert Testify?
Social Security follows a series of steps when deciding whether someone is disabled. They have to find out if the person can still perform the work they used to do, or other work anywhere in the country despite their medical conditions and limitations.
At disability hearings, the judge asks the Vocational Expert a series of hypothetical questions (or hypos). A hypothetical question is simply a made-up situation based on certain limitations.
For example, the judge may ask the VE:
“Assume a person can only stand for two hours per day and can only occasionally use their hands to hold things or pick things up. Could that person perform any of the claimant’s past jobs or other jobs that exist in the U.S.?”
The Vocational Expert then gives an opinion based on their education, training, and experience.
The purpose of this testimony is to help the judge understand whether a person could realistically work despite their limitations caused by medical conditions.
Does the Vocational Expert Decide My Case?
No. The Vocational Expert does not approve or deny disability claims. Only the judge can make that decision.
But Vocational Expert testimony is very important because judges frequently rely on it when deciding whether a person can work. In many cases, a Vocational Expert’s testimony can have a major impact on the outcome.
Are Vocational Experts Neutral?
Vocational Experts are neutral witnesses. They are not on Social Security’s side or the side of the person seeking disability benefits. Their role is to answer questions and provide vocational opinions based on the facts presented during the hearing.
Even though they act as neutral parties, that does not mean their testimony should automatically be accepted without question.
Like anyone else, Vocational Experts can make mistakes. They can overlook important limitations. They can sometimes provide opinions that deserve closer examination.
Why Cross-Examination Matters
After the judge asks the VE questions, the claimant’s representative usually has an opportunity to question the Vocational Expert. This is called cross-examination.
Cross-examination can be one of the most important parts of a disability hearing.
A representative may ask questions about:
- Job requirements
- Job numbers
- Conflicts with Social Security rules and regulations
- Additional limitations supported by the medical evidence
- The reliability of sources the VE used
A vocational expert may initially identify jobs a person can perform. But after being asked about additional limitations, the expert may testify that no jobs would remain. Sometimes just one additional question in cross-examination can completely change the vocational expert’s answer.
Highly Specialized Knowledge
Vocational Experts rely on the Bureau of Labor Statistics, the Dictionary of Occupational Titles, and many other sources to understand vocational rules, job classifications, skill levels, exertion levels, and employer tolerance standards. Their expert testimony comes from years of study and education.
Most people would have no idea how to cross-examine a VE. But, unfortunately, without knowing what questions to ask, a person may miss important opportunities to challenge vocational testimony that could affect the outcome of the case.
That is one reason why it’s important to have an experienced disability representative at your hearing. A knowledgeable representative understands vocational evidence, knows how to question a vocational expert, and can make sure important issues are brought to the judge’s attention.
What You Can Do To Make Sure You Have a Skilled Expert
Before you choose someone to represent you at a disability hearing, ask them one simple question:
“How many Social Security disability hearings have you personally handled?”
The answer will tell you a lot. Disability hearings involve medical evidence, vocational expert testimony, Social Security rules and regulations, and cross-examination. Experience matters. A representative who regularly handles hearings is more likely to recognize important issues, know how to question a Vocational Expert, and understand how to present the strongest possible case to the judge.
The Bottom Line
A Vocational Expert is an independent witness who testifies about jobs and work-related issues at Social Security disability hearings. They are not Social Security employees, they are paid for their testimony, and they do not decide whether a person is disabled.
A VE’s testimony can play a major role in whether a claim is approved or denied. Because this testimony can be complicated and highly technical, it is important to have an experienced representative who knows how to cross-examine a Vocational Expert and advocate for the client during the hearing process.
At Disability Advocates our experts have decades of experience at thousands of disability hearing across the country. Contact us today to bring all of that knowledge to work for you.