WHY IS THE VOCATIONAL EXPERT AT THE HEARING?
I have never seen an adult disability hearing where Social Security didn't call a vocational expert (VE) to testify. What's the importance of the vocational expert at hearings?
The VE is there for two reasons:
1) to classify the claimant's past work in terms of its skill level and exertion level. As to skill, was the past work skilled, semi-skilled or unskilled? As to exertion, was the past work sedentary, light, medium, heavy or very heavy?
2) to answer the judge's hypothetical questions about whether the claimant is able to perform past relevant work OR any other work that is available in the national economy.
If the VE testifies that the claimant is able to perform any one of his/her past jobs, the claim will be denied at Step 4 of the process. If not, the case proceeds to Step 5.
Step 5 considers this question: Can the claimant perform any other work which exists in significant numbers in the national economy? In other words, he cannot perform past work but is there some other work he could perform? If the answer is yes, the claim will be denied at Step 5.
The testimony by the vocational expert is often what gets a claim denied or approved. This witness will speak in terms that the average claimant does not understand: DOT codes, sedentary jobs, light work, medium exertion, "as described in the DOT" or "as customarily performed." What does that mean?
If you go into a hearing unrepresented, you are pretty much at the mercy of the process. Whatever happens just happens. With a skilled advocate at your table, however, the result may be far different. You need someone who knows the rules as well as the experts know them.
Of course, there is no guarantee that you will win your case because you have a representative. However, I firmly believe that a knowledgeable representative or advocate will increase your chances at a Social Security disability hearing.
The VE is there for two reasons:
1) to classify the claimant's past work in terms of its skill level and exertion level. As to skill, was the past work skilled, semi-skilled or unskilled? As to exertion, was the past work sedentary, light, medium, heavy or very heavy?
2) to answer the judge's hypothetical questions about whether the claimant is able to perform past relevant work OR any other work that is available in the national economy.
If the VE testifies that the claimant is able to perform any one of his/her past jobs, the claim will be denied at Step 4 of the process. If not, the case proceeds to Step 5.
Step 5 considers this question: Can the claimant perform any other work which exists in significant numbers in the national economy? In other words, he cannot perform past work but is there some other work he could perform? If the answer is yes, the claim will be denied at Step 5.
The testimony by the vocational expert is often what gets a claim denied or approved. This witness will speak in terms that the average claimant does not understand: DOT codes, sedentary jobs, light work, medium exertion, "as described in the DOT" or "as customarily performed." What does that mean?
If you go into a hearing unrepresented, you are pretty much at the mercy of the process. Whatever happens just happens. With a skilled advocate at your table, however, the result may be far different. You need someone who knows the rules as well as the experts know them.
Of course, there is no guarantee that you will win your case because you have a representative. However, I firmly believe that a knowledgeable representative or advocate will increase your chances at a Social Security disability hearing.
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