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When you’re dealing with the stress and uncertainty of a disability hearing, the last thing you want is more confusion. Yet, vocational expert testimony can heighten this. Who is this person, and how can they decide whether or not you can work?
Vocational experts try to piece together your work history, medical records, and capability to work. But their assessments can sometimes feel detached from the reality you’re living in.
At Pekas Smith: Arizona Disability Attorneys, we know the frustration of having someone else decide your capabilities. We’ll stand by your side, supporting you through the complexities of a vocational expert Social Security Disability Insurance (SSDI) hearing.
What Are Vocational Experts?
So, let’s get down to it. What are vocational experts? And what does a vocational expert do at a disability hearing?
A vocational expert (VE) serves as an expert witness during Social Security disability appeal hearings. These experts have a deep knowledge of job availability and trends in the current labor market. The Social Security Administration (SSA) relies on vocational experts to assess disability claims and offer expert opinions on whether an applicant can engage in substantial gainful activity (SGA) and find suitable employment.
Their opinions are crucial to the decisions made by the administrative law judge regarding the outcome of your case. Vocational experts typically have experience in vocational rehabilitation and are often required by the SSA to hold college degrees that validate their expertise. They are considered qualified to provide evidence based on the following:
- Their understanding of how the SSA determines disability status
- Their familiarity with current occupational and industrial trends
- Their knowledge of local labor market conditions
- Their experience in job placement and vocational counseling for adult workers with disabilities.
Why Have a Vocational Expert at SSDI Hearings?
Having a vocational expert at SSDI hearings helps to clarify whether a claimant can still work, despite their medical conditions. They provide an objective analysis that helps the judge understand the practical implications of a claimant’s impairments.
Vocational experts take into account your age, education, work history, and skills, alongside your medical condition, to evaluate what kinds of work you could still do. Their testimony is vital, as it directly influences the judge’s decision on whether you qualify for benefits.
How Vocational Experts Evaluate Your Ability To Work
When a VE evaluates your ability to work during a disability hearing, they weave together the narrative of your work history and disability. It’s not just about checking boxes or running through a list. It’s about understanding who you are, the skills you’ve acquired, and how your disability affects your ability to use those skills.
The process starts with a detailed review of your medical records. The VE considers the nature and extent of your impairments alongside your work history. They also look at your educational background and additional training or certifications, assessing how adaptable you are to new work environments or job roles.
Your residual functional capacity (RFC) is another important factor taken into consideration. This isn’t solely a medical assessment; it describes the work you can do despite your limitations.
With this holistic view, the VE then matches your capabilities against the demands of the current job market. They consider where you fit in the wider world of work based on your limitations, skills, and experience.
Throughout the process, the vocational expert’s goal is to provide the judge with an objective, informed perspective, helping them make a fair decision about their ability to work.
Types of Questions Vocational Experts Answer
During the vocational expert disability hearing, the VE may be asked a range of questions, such as the following:
- Can the claimant do any of their past work?
- What jobs could the claimant do now, considering their physical or mental limitations?
- How does the claimant’s medical condition affect their ability to work?
- Are there jobs available in the national economy that the claimant can do?
- What is the likelihood of the claimant being able to maintain consistent employment given their condition?
The Impact of Vocational Expert Testimony on Your Disability Claim
VE testimonies can be a turning point in a disability claim, as their words carry weight with the judge. If the expert believes you can still do some type of work, your claim could be denied. On the other hand, if they find that your impairments prevent you from working, this can greatly strengthen your case.
Yet, the VE’s opinion is not the final word. Your lawyer can challenge their findings if something seems off or doesn’t fully reflect your situation. VE testimony can be a double-edged sword, so having someone on your side who understands the process is crucial.
Preparing for Vocational Expert Testimony
When you’re preparing to face a VE in court, consider it as preparing for a detailed conversation about your daily life and capabilities. It’s not about dry facts; it’s about painting a clear picture of the daily struggles you face that aren’t visible on paper. Here’s how to prepare for vocational expert testimony:
- Review Your Job History and Skills: Review your previous job duties and skills acquired so you can articulate the tasks you can’t perform anymore. Also, consider how your day-to-day life has changed because of your condition.
- Understand Your Medical Limitations: Ensure you understand all the medical evidence collected and how it pertains to your ability to work.
- Anticipate Questions and Hypothetical Scenarios: Your lawyer should help you prepare for the questions and hypothetical scenarios from the VE. Consider how to honestly answer about your ability to perform routine tasks at work and home. Then, practice answering clearly and succinctly.
- Develop Cross-Examination Questions: Develop strategic questions for the VE’s cross-examination with your attorney. Highlight any weaknesses or inconsistencies in the VE’s testimony, such as the current relevance of the job data they use.
VEs might bring up job possibilities that you’ve never considered, so it’s best to prepare yourself to respond to these with answers explaining why they are unrealistic or impractical.
Contact Our Experienced Disability Lawyers in Arizona Today
At Pekas Smith: Arizona Disability Attorneys, we understand the stakes, and we’re here to stand by your side. With our experience, we’ve helped secure millions of dollars in disability benefits for our clients, and we’re ready to do the same for you.
Every client deserves a fair chance at the benefits they need to live with dignity. That’s why we offer free consultations—so you understand your rights and the steps taken to strengthen your case.
Contact our Arizona disability attorneys at 602.962.2818 for your free consultation.
