If you are scheduled for a Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) hearing in front of an Administrative Law Judge (ALJ), you can generally expect a vocational expert (VE) to appear on behalf of the Social Security Administration (SSA).
For many claimants, this part of the hearing is both confusing and intimidating – but it is critical to understand what a vocational expert does and how their testimony can be challenged.
What is a vocational expert? Why are they asked to testify in disability hearings?
A vocational expert is a professional who provides testimony about work and employment issues in Social Security Disability hearings. They are typically called by the Administrative Law Judge, not by the claimant or the claimant’s attorney. Their role is to offer opinions about whether someone with specific limitations could perform work that exists in “sufficient quantities” within the national economy.
Vocational experts rely heavily on standardized resources, including the Dictionary of Occupational Titles, as well as their professional experience. They do not evaluate anyone’s medical condition directly. Instead, they respond to hypothetical questions – typically posed by the ALJ – about someone with your functional abilities and limitations.
For example, imagine that you can only stand for short periods, lift a maximum of 10 pounds and have difficulty with concentration and memory. The judge may ask the VE to testify whether there are jobs someone with those issues can still do – and whether those jobs exist in significant numbers.
What can be done to identify problems with the vocational expert’s testimony?
Generally speaking, once you’ve reached this point in the disability application process, a vocational expert has already determined that there are certain jobs you can still perform, so they’re usually ready with that testimony. They want the judge to rely on what they say and deny your claim.
However, vocational experts are not infallible. Frequent issues with their testimony include:
- A poor understanding of the actual jobs they are describing and what type of activity those jobs include
- Over-reliance on the Dictionary of Occupational Titles, which is rarely updated
- Failure to account for how several different conditions and limitations interact
The use of overly broad job descriptions and assumptions that do not match real-world work environments is common. Many of the jobs listed in the Dictionary of Occupational Titles no longer actually exist in meaningful numbers or have changed significantly since they were initially described due to changes in both technology and workplace expectations. Finally, each limitation that someone has may seem manageable in isolation, but multiple limitations together can absolutely eliminate any realistic work options.
This is where a skilled SSDI/SSI attorney comes in. They do not passively accept a VE’s testimony. Instead, they listen closely and challenge unsupported or unrealistic conclusions. They may do this by questioning whether the hypothetical presented by the ALJ accurately reflects your medical record.
If important limitations were omitted, they can ask follow-up questions of the VE that incorporate them. They may also question how limitations such as time spent off-task or frequent absenteeism due to medical issues would affect your employability. When confronted with the facts, many vocational experts will concede that regular absences and reduced productivity would affect someone’s employability.
Vocational experts do not decide SSDI or SSI claims. If their testimony is flawed, incomplete or contradicted by other evidence, the ALJ is not required to accept it. Careful legal advocacy can often overcome flawed assertions.