Almost every Social Security disability hearing in front of an administrative law judge (ALJ) includes testimony from a vocational expert. The judge then uses that VE testimony to decide whether you can perform past work, whether other jobs are available, and whether you qualify for disability benefits.
This article does not constitute legal advice. It is general information about how vocational expert testimony works inside the Social Security disability hearing process.
What a Vocational Expert Does at a Disability Hearing
A vocational expert is a person with vocational rehabilitation, education, or job placement experience who testifies about job titles, the physical and mental demands of jobs, and the numbers of those jobs available in the national economy. The vocational expert is not on either side.
How the VE Uses the Dictionary of Occupational Titles
Vocational experts rely heavily on the Dictionary of Occupational Titles to classify past work and identify jobs in the national economy. The Dictionary of Occupational Titles was last updated between 1977 and 1991.
Hypothetical Questions and Why They Matter
At a Social Security disability hearing, the administrative law judge asks the vocational expert hypothetical questions. A hypothetical question describes a hypothetical individual with a particular set of physical and mental limitations and asks the vocational expert what jobs that person could do.
What the Vocational Expert Will Cover
- Past relevant work.
- Skill transferability.
- Other jobs available in the national economy.
How to Effectively Cross-Examine a Vocational Expert
- The accuracy of the past work classification.
- The source of job numbers.
- The reality of the jobs listed.
- The effect of additional limitations.
- Discrepancies between the DOT and the vocational expert’s testimony.
Common Mistakes to Avoid
- Describing past work in a way that does not match The Dictionary of Occupational Titles (DOT).
- Volunteering too much information during your own testimony.
- Letting the vocational expert testimony go unchallenged.
When the ALJ Disagrees With the Vocational Expert
Does the ALJ always agree with vocational expert testimony? No. The judge may discount the testimony if the vocational expert did not address the medical evidence in the file, if the vocational expert relied on outdated Dictionary of Occupational Titles classifications, or if cross-examination showed the answers depended on assumptions the file does not support.
Document Preparer Versus Disability Attorney
A document preparer can help fill out forms, but a document preparer is not licensed to represent you at a hearing. Only a disability attorney or qualified non-attorney representative can question the vocational expert at the hearing level.
Frequently Asked Questions
What does a vocational expert do at a disability hearing?
A vocational expert provides expert testimony about past work, skill level, and jobs that exist in the national economy for a hypothetical person with the claimant’s limitations.
In the linked video, Michael Liner walks through a real hearing he had just finished. The judge’s limitation ruled out machinery and assembly line work, but the vocational expert still named forklift operator, press operator, material handler, and assembler, and the judge moved on without questioning it. On cross-examination Michael pressed on how those jobs avoided machinery. The expert realized he had been reading the wrong entry in the job catalog and changed his testimony. Because the client was over 55, that one correction was the difference between a denial and an award of benefits.
Does the ALJ always agree with vocational expert?
Not always. The administrative law judge weighs vocational expert testimony along with the medical evidence, the medical treatment notes, and other evidence in the case file.
What is the step 4 of the SSDI hearing?
Step 4 of the sequential evaluation asks whether you can perform past relevant work given your residual functional capacity.
Beyond Disability: Our Referral Partner Network
Did you know you may be entitled to additional financial compensation beyond your disability benefits? Depending on your situation, you could also have a workers’ compensation, personal injury, medical malpractice, or long-term disability claim. Exploring these options does not automatically affect your eligibility for Social Security Disability benefits.
At Liner Legal, we’re committed to helping you identify every potential source of financial support so you don’t leave benefits you may be entitled to on the table.
See if You Qualify for Additional Financial Compensation. It only takes about two minutes, and there’s no cost or obligation.
Talk to Liner Legal Before Your Disability Hearing
If your SSDI hearing date is coming up and the vocational expert side of the hearing makes you nervous, our team at Liner Legal is ready to help. We assist veterans and other claimants with cross-examination strategy, hypothetical questions, and full hearing preparation on the Social Security disability side.
Take the first step toward getting the benefits you deserve. See if You Qualify for SSD/SSI Benefits. It only takes about two minutes, and there’s no cost or obligation. Our Intake team will review your situation and reach out as quickly as possible with personalized guidance on your next steps. Our attorneys work on a contingency fee basis, which means nothing up front and no fee unless we win benefits. Federal law caps our fees at 25 percent of past-due benefits or $9,200, whichever is lower.