Is a Social Security disability hearing without a Vocational Expert a bad sign?
I was recently asked what it meant that the Administrative Law Judge did not have a Vocational Expert (VE) testify at an individual’s Social Security hearing.
What happens when the administrative law judge does not call the vocational expert to the hearing. Why would the judge do that?
Well, I can’t tell you “why” the judge didn’t have VE. Some judges use VEs all the time, others do not. A VE provides evidence (testimony) about steps 4 & 5 of the sequential evaluation process.
What if a Vocation Expert at a Social Security disability hearing is full of it
A reader asked:
How can a vocational expert have any say on my disabilities and limitations? I mean I dont get a VE slip to give to my boss when I’m sick.
That’s true. If a Vocational Expert (VE) says that a particular limitation should not prevent someone from being able to perform the duties a hypothetical job, does not help that person find an employer who will tolerate that limitation in the real world.
However, that is not the VE’s job. The VE only provides testimony about which jobs an individual is still able to perform (if any) despite their limitations. Also, the VE tempers the often out-of-date evidence in the Dictionary of Occupational Titles with more recent job treatises and personally performed surveys of real-world jobs as they are actually performed.
However, if the VE says I can still do a job that is inconsistent with my limitations, what can I do?
If the VE’s testimony is out of sync with reality, well…
Social Security disability hearings: erosion in the job base
The vocational expert at a Social Security hearing may testify that there is an, “erosion in the job base.” I have had a number of people ask me what this means?
As I wrote about before, the vocational expert’s job is to testify about the availability of different jobs in the national economy. The vocational expert responds to be Administrative Law Judge’s (ALJ’s) hypothetical questions about the effect of limitations on an individual’s ability to perform job duties.
In other words, the vocational expert testifies about what jobs (if any) a person can still do despite their limitations.
However, not every job is performed the same way, and, jobs can be performed differently (with different abilities and limitations) in different industries.
Where do Social Security vocational experts get their information?
I was recently asked where Vocational Experts get their information from?
There a number of sources Vocational Experts use:
The Dictionary of Occupational Titles
Selected Characteristics of Occupations
Job surveys performed by the Vocational Expert
Services Vocational Experts sign up for which provide job titles, requirements and national and regional job numbers.
If you are working with a lawyer, he or she probably has at least some of these and can verify the skill level, exertional and non-exertional requirements of a jobs the Vocational Expert testified about.
Social Security vocational expert voodoo
I was recently asked the following:
I had my hearing today. The judge had a vocational rep come in to testify. He said I had two job options.
… I live in a small town that probably does not offer the two jobs the vocational expert said I could do.
Can the judge deny me for being able to do jobs that don’t exist in my town?
First, keep in mind that the Vocational Expert testifies about two things:
Job Titles. These are the kinds of jobs you can still perform despite your limitations. Examples of jobs the vocational expert may cite are: call out operator, surveillance systems monitor, information clerk, cashier, stocker, etc.
Incidence of jobs. This is the number of jobs for each job title.
Second, Social Security considers jobs on a national and regional level. The region is the state a person lives in.
If there are a significant number of jobs which you can still do at a substantial gainful activity level in the regional economy, then you can be denied.
What does the “vocational expert” do at a Social Security hearing?
Under Social Security regulations, it is not enough to have a disability (a diagnosed medical condition). Your condition has to be severe enough to be prevent you from being able to engage in a “substantial gainful activity;” typically full time, competitive, employment. If you cannot show that your condition keeps you from being able to work, you will probably lose your case.
At the hearing, the Administrative Law Judge (ALJ) has a Vocational Expert testify about the the kinds of jobs are available, and how work-place limitations affect your ability to perform those jobs.
Basically, the Vocational Expert answers two questions for the judge (phrased as hypotheticals):
Can you still perform any of the jobs you have done over the last 15 years?
Can you still perform any other jobs which exist in substantial numbers in the national economy?
The judge uses the vocational expert’s answers to decide if you can still work (and therefore, whether you are disabled). This makes the vocational expert’s role extremely important!
