You have received notice of your hearing date from the SSA. You are going through all the paperwork when you come across a piece of correspondence indicating that a vocational expert (VE) witness will be present at your hearing. ‘What is a vocational expert witness?,’ you may wonder. In case you have never heard of the VE, you have come to the right place. Below find everything you need to know about the vocational expert witness.
What is a vocational expert?
In September 1962, the vocational expert program was established. Since then, vocational experts have testified in approximately 25,000 disability cases at the appellate level. In a disability hearing, the expertise of a vocational expert is customarily used and is the result of an Administrative Law Judge’s request. In fact, vocational experts (VEs) appear more in disability hearings than medical experts (MEs). Vocational experts are professionals with vocational expertise who evaluate residual functional capacity ratings to ascertain if there are jobs in the national economy that a disability applicant can do. In essence, vocational experts testify about work abilities. A vocational expert is not an agent of the Social Security Administration. As an independent party, vocational experts are to remain completely objective and impartial in expressing their opinions.
What is the role of the vocational expert?
Incorporating their knowledge and experience, vocational experts are able to provide an overview of the types of work a claimant has performed over time. In most cases, vocational experts review fifteen years of an individual’s work history.
Why is a vocational expert needed to testify?
Most often, the Administrative Law Judge solicits the testimony of a vocational expert because he/she has questions that need to be answered and feels that the claimant’s testimony alone will not be sufficient to provide the answers needed. Having a vocational expert testify should not be inferred as being good or bad. Again, a vocational expert’s presence and testimony often indicates the personal preference of the ALJ. While some judges rarely request the appearance of a vocational expert, some do regardless of how clear-cut and simple a case may be.
How is ‘work’ defined? Are there different levels of ‘work’?
Yes, the types of work are broken down into four categories. They are as follows:
Heavy work – having the ability to lift or carry one hundred pounds occasionally and fifty pounds frequently, and to stand and walk six to eight hours per day.
Medium work – having the ability to lift or carry fifty pounds occasionally and twenty-five pounds frequently, and to stand or walk six to eight hours per day.
Light work – having the ability to lift or carry twenty pounds occasionally and ten pounds frequently and to stand or walk six to eight hours per day; or,
Sedentary work – having the ability to lift no more than ten pounds at a time and occasionally lift or carry small articles. Sedentary work usually refers to work that is done while sitting. The claimant must also have the ability to sit up to two hours out of an eight-hour day to be able to perform sedentary work.
In considering the above descriptions, it is important for the disability applicant to understand the meanings and usage of the words ‘occasionally’ and ‘frequently.’ Occasionally is the ability to lift or carry less than one-third of the time in an eight-hour period. Frequently is an individual’s ability to perform at the same level at least one-third of the time in an eight-hour day.
What types of training and qualifications are required of a Vocational Expert?
Different from medical experts, which are an additional source of experts available to aid Administrative Law Judges in rendering decisions, the training and qualifications of a vocational expert are varied. While some vocational experts may have a background in psychology, others may have experience in vocational education, counseling or rehabilitation.
Is the disability claimant privileged to communications between the Administrative Law Judge and Vocational Expert?
Yes, claimants and their attorney are both able and should receive a copy of any written correspondence between the vocational expert and the Administrative Law Judge assigned to the applicant’s case.
Are vocational experts subject to cross-examination?
Any witness who is called by an opposing side and presents testimony is subject to cross-examination. This process affords the disability attorney to ask new questions or to seek clarification on answers already interjected. Vocational experts are no exception to the cross-examination rule. Since a vocational expert has proffered an opinion as to an applicant’s job capabilities, he/she is subject to cross-examination.
Is there any way to know whether a Vocational Expert will be present at my hearing?
A couple of weeks prior to a hearing, your attorney and/or representative should receive a witness notice. The witness notice will list all individuals the Administrative Law Judge has requested testify in your matter. If your attorney has not received a witness list, your attorney should call the ALJ’s office and ask about experts. A word of caution, claimants should never personally contact any expert witness.
When do vocational experts normally testify during the hearing?
The vocational expert can obtain information primarily in three different ways. First, information is gathered when reviewing the claimant’s file prior to hearing. Second, the vocational expert obtains additional information through the oral testimony of the claimant as well as other individuals who testify during the proceedings. The third avenue and probably one of the most important means in which a vocational expert accumulates information is through observing the disability applicant during the hearing. Observation may yield clues regarding appearance, responsiveness, general intelligence, communication skills, and other claimant characteristics. It is during this time that vocational experts will note any physical capacities, such as the use of limbs or prostheses, or physical endurance. As a result, the vocational expert is usually the last to testify.
If the judge has a VE testify at your hearing and he says there is no jobs that you could do, for every hypothetical question. Can the judge still say that you can still do certain jobs or is he forced to use the VE’s testimony.
@ my hearing the Vocational Expert had nothing to say when the judge asked him.
is that good
I have a really important question regarding my hearing on November 30. The judge asked the VE six differnt scenerios. I don’t remember the first four in particular, but the VE said I would be able to do certain jobs for these four sceneriosl. The fifth one regarded what if the claimant had to lay vertical for up to 15 minutes 3 times a day. The VE hesitated and then the judge suggested to her “What if she could lay in her car?’ the the VE said yes. I was crying and kind of shaking my head no a little bit. But the last question was what if the claimant missed a day of work every week, she said no i would not be able to work. My attorney had told me he would cross examine the VE if she stated I could work, but he didn’t do that. I only had about 30 seconds to talk to him afterward and asked him why he didn’t cross examine her and he told me the last scenerio was enough. I am not conviced of this and wanted an expert opinion. I have Fibro/CFS and depression severly since late 2008
During my second hearing last month, and during the part of the ‘hypothetical’ questions, the VE stated that there were less than 10% of ‘these’ jobs in the nation available that I could do. Can you explain this to me a little more in detail? What exactly does this mean and is it a good thing in my favor? This process of filing for disability benefits is extremely stressful and taking a serious toll on my health. Thank you.
IS THE VOCATIONAL EXPERT REQUIRED TO MEET WITH THE CLAIMANT AND INTERVIEW THE CLAIMANT PRIOR TO RENDERING A DECISION REGARDING THE CLAIMANT’S RESIDUAL FUNCTIONAL CAPACITY?
No – you are not supposed to have any contact with the vocational witness prior to your hearing. The VE testimony should be based on the claims file and testimony only.
Hi just had my hearing on 9/24/2012.Was not sure if i won my case or i lost my case.The ALJ didn’t ask any questions to the VE.And the ALJ didn’t let my lawyer give his closing argument.My lawyer said everything went well and everything was in my favored to win my case.The case lasted about 30mins just wanted to know is this normal for the ALJ not to ask the VE anything and not let my lawyer give a closing argument.All the ALJ said i heard enough thank you for coming have a nice day.
Every judge has different procedures. If your attorney knows this judge and believes that you won based on the events that you describe then you most likely won.
When i recently had my hearing and the alj was asking the vocational witness about jobs i could do, she stated with medicines i take and medical restrictions there were none. The judge ended the hearing and told me that my attorney could explain what just happened and that his decision would be coming in about a month. My attorney told me that we had just pretty much won. I recently learned they denied my case and said that i could be a stock checker. i have applied for over 400 jobs and no one will hire me due to my medications or medical conditions. So what happens now?
Gordon, you should ask your lawyer to review your case for appeal to the Appeals Council.
I just had my hearing and the vocational expert said their were no jobs I could do. my lawyer said it went well what do you think
My husband recently had his hearing, but the ALJ never questioned the vocational expert any questions at all. Is this a good sign?
i went court and the vocational lady didn’t say nothing the judge didn’t even question her but my attorney said that it should be fully favored i am just worried that he didn’t give my attorney te opportunity to argue that i couldn’t work is this good are not
Hello , i had my hearing a week ago today , the judge asked the ve if i could do my past work , ve said no med-heavy work and then he asked ve say someone same age education and several other limtations find work in the national economy, ve said yes 25-50k jobs in the national economy some store clerk light to sedintary work and then my attorney cross examined the ve , he asked her if i could miss a couple days a month and ve replied no. I would say i am denied, the judge said he would issue a decision within 60 days and then if thats not enough my attorney didnt get my medical records from my lung specialist and asked for another 30 days , so now it could take up to three months. I do not mean to rant but i have bad anxiety and it is causing me to go crazy and have crazy thoughts why is the system like this. I have bipolar disorder, pshycotic something, copd,back pain,cardiac arythmia, and pettymal seizures and i have really just begun seeing doctors for the past two years cause i cant sit /wait long , and being around alot of people idk what todo, i know i have to wait but my life went from hell to idk what to say or how to put it in words but it seems they leave you hanging to see how much they can mess with your life. From what i have read if you get approved It will be a bench decision or within a month so. If anyone reads this any type of information is greatly apreciated. I feel as this is post is going to be like a message in a bottle and i am going to throw it in the ocean and it will never be seen by anyone , that is how hopeless this hearing has left me feeling.
I have not seen any correlation between the time frame for a judge to issue a decision and the approval rate for a decision. Bench decisions are rare and SSA discourages them. As you saw, there is no security in the hearing rooms so SSA does not want to put judges in awkward positions. I would also suggest that since you have 30 days to update the record, see if one or more treating doctors will complete a functional capacity evaluation or narrative report. You may already have one of these in your file but if not, these types of evidence can be very persuasive. Best of luck to you. JCG
Oh i forgot to mention my work history , i have worked from the time i was 16 yrs til i was 32, i worked as a miner for eleven of those yrs and military for a short period after high school and was general discharged after five mths due to being epileptic (seisures). I worked a little over a year in telecomunication field installing phone remotes up north and the last job i had was cutting right of ways for phone company and couldnt hold it down not just due to my back but dealing with change and people, and my lungs didnt help but was not diagnosed with copd until later. The onset date for my disability was sept, 2011 and my last job was 2013 ot lasted a little over a mth i tried to go back to work but couldnt handle it
Really confused been out of work for 6 years and finally got a hearing. I have 4 Doctors and 2 diseases plus 2 mental disorders. Have excellent documentation. Had learning disability’s and all my work experience is physical. I no longer can lift, more then 10 pounds or stand or walk more then 5 minutes. Meds make me fall asleep but can’t go with out them. I had a lawyer, and she wasn’t so sure I would win after hearing. She stated judge miss treated me. I was asked no medical questions had vocational person there who was asked nothing. Asked no questions about work history. Only questions was asked was if I abused drugs, and had a boyfriend. I also live with a friend of my parents and was asked why I didn’t say I lived with my boyfriend when really they are two different people. Scared and confused
Dorothy, one of the issues we face in the SSD world has to do with the arbitrariness of the judges. Take a look at http://www.disabilityjudges.com to see the variation even within one hearing office. If you have strong documentation and still get an unfavorable it would be worthwhile having someone look at the decision for a possible appeal to the Appeals Council.
I SENT IN A DIRE LETTER AND WAS APPROVED TO GET A EARLIER DATE FOR A DISABILITY HEARING. My hearing was on September 8th 2016 with scoliosis, back, neck and headaches. I also have depression,anxiety, can’t concentrate long and memory problems. The judge ask me a few questions about my past jobs , how much weight i had to lift. He said i was probably wore out. He also ask my age, education ,weight and height. He then ask the VE if she wanted to say anything and she didn’t have anything to comment about. My lawyer spoke up and ask the judge to check my notes from my doctor. The judge looked at me and said he would send me something in the mail. How do you think I will be approved, my lawyer thought it went very well.
I would rely on your lawyer’s interpretation about what happened. Hopefully, you will get a favorable decision.
Hello,
I had my hearing on the 5th of Jan. I was unable to find an attorney on short notice having handled my own case until hearing was set. Ultimately, I was heard befre a judge on my own. I am quite confident the Judge found me very credible. The .S Admin. Had only records from one of my many doctors and allowed me to submit the day of hearing contact information for gaining other records. The V.E. s St ated two job titles I may be able to perform with limitations, then Judge added if same limitations applied but add person would be in pain20% of the time would there be any jobs she could perform? The V.E. replied NO! I am wishing I had known then to pose more questions, however the impression I got was it was enough. I have severe peripheral Neuropathy in all limbs, adhesion disorder operated on twice and letter from operating Dr. No further surgies ( will cause further complications and pain)I have scoliosis, nerve root compression, pinched nerves ad disc issues in cervical and lumbar, severe pain treated by pain management with strong narcotic meds and Lyrica and have been seeing Dr.s for 6 years ongoing-MRI, Nerve Testing and seeing Neurologist currently testing me for possible hereditary Neutropathy contribing factor. History of Immune Disorders since childhood, work history from age 16 to 36 when Adhesion disorder took me out of work in 2010. Now 44 no work since, only medical care since. No debate or ref to onset change 10/2010. Current ssa website states processing decision as Judge is waiting for additional records to make final decision. Any input would be greatly appreciated regarding odds based on thus far?
Sincerely,
Leigh
Leigh, based on what you write, you should be fine. The 20% off task limitation is usually one that judges use when they want to approve claims.
Thr aja ruled light work and vocational expert ruled light work. Who will decide?
The judge makes the final decision.
I had my hearing a few days ago. During my hearing the vocational expert was giving me a hard time when I was handing my medication over to the alj. The ve stared me down as he took a seat and I had an outburst of why are you looking at me like that is their a problem. He called in security and I said I asked a question and you went and did that wow. My hearing is because I have severe bi polar withanger and anxiety issues I don’t get along with people and I generally have to take medication that forces me to not drive or operate equipment. He stated there was three jobs I could do and I asked if the hypothetical person was diagnosed with syncope (which I had to explain what it is) he said if you miss two days a month their are no jobs available. So did I screw up or did I do this right I wasn’t represented I did this all myself.
Vocational witnesses are not there to hurt you or to help you. Judges do not like to see the VEs attacked verbally (or otherwise), although I suspect that your behavior reflects the reality of your condition. Why did you choose not to hire a representative?
I just had my hearing . I am 59 and a half. The vocational expert said that I could sweep only – i have asthma. I have bipolar , an anxiety disorder concentration and memory problems. The judge said that he had to review my whole case. My psychiatrist put on the SSDI form that I would miss 4 days a month and basically the only thing that I could do is show up on time . My lawyer says that i did well in court and we have more than enough medical evidence and he feels that I will win my case . what do you think
My hearing was in December, my attorney is unsure how it went because he has never been before this particular judge. Although, the VE told him that he thinks it went well.
I have osteoarthritis in both knees as well as patella femoral syndrome of both knees and oorly controlledFibromyalgia. I have 2 Drs in disagreement over a Rheumatoid arthritis diagnosis but I have had a consistently high RF factor. I was diagnosed by a Rheumatologist in 2013, and see her regularly.
The VE said that I cannot go back to my previous job but can do light work. The judge asked the VE how many days I may miss per month due to pain, he said 2, and that would not be acceptable to an employer. How do you think it went?
During my disability hearing the alj did not question the vocational expert at all. Neither the alj nor my lawyer asked him any questions period. Is this a good thing?