THERE WILL BE A VOCATIONAL EXPERT AT YOUR HEARING

In all the years I've been doing Social Security disability hearings, I have never attended a hearing for an adult claimant in which there was not a vocational witness present to give testimony.  The vocational expert is called by Social Security and paid for by Social Security.  It is vital that the claimant and his/her representative understand the role of the vocational witness and how that role is likely to play out at the hearing.

Who Is the Vocational Witness (Expert)?  The vocational witness is a vocational rehabilitation counselor.  This counselor does not work for Social Security; however, he or she may derive most of his/her income from testifying at Social Security hearings.  Technically the witness is neutral and impartial, bound to give objective testimony under oath, regardless of the fact the Social Security is paying his or her fee.  

What is the Purpose of the Vocational Witness (Expert)?  The vocational witness has two broad roles, as follows:

1)  To classify and describe the claimant's past relevant work--that is, work performed during the past fifteen years prior to the claim.  The past work will be classified according to skill level as unskilled, semi-skilled or skilled.  The past work will be classified according to exertion level, as either sedentary, light, medium, heavy or very heavy work.

2)  To answer a series of hypothetical questions from the hearing judge about work which may exist in the national economy and whether an individual could perform such work.  To help you understand a typical hypothetical question, I will provide an example:

Administrative Law Judge:  Mr. Vocational Expert, assume that we have an individual who is the same age as the claimant with the same education  and work history as the claimant.  I'd like you to further assume that the individual retains the capacity to perform work at the light exertion level, can sit for 8 hours out of an 8 hour day, can stand and/or walk up to 8 hours in an 8 hour day with customary breaks; can lift up to 25 pounds occasionally and 15 pounds frequently.  This individual can frequently climb ramps and stairs but can only occasionally climb ladders, ropes or scaffolds.  The individual should never be exposed to odors, fumes or pulmonary irritants and should avoid exposure to dangerous moving machinery.  The individual can maintain concentration, persistence and pace sufficient to complete tasks in 2-hour intervals and to complete an 8-hour workday.  Would such an individual be able to perform any of the claimant's past relevant work?

Vocational Witness:  No, Your Honor, all past relevant would be precluded.

Administrative Law Judge:  Would there be any skills transferable to sedentary work?

Vocational Witness:  No.

Administrative Law Judge:  Would there by any other jobs in the national economy that such a person would be able to perform?

Vocational Witness:  Yes, this individual would be able to perform the work of a Cashier-Stocker.... [The expert will proceed to list 3 jobs representative of light work].

Keep in mind that, depending on the claimant's age, if Social Security finds that the claimant can still perform some other work, then a finding of disability cannot be made and the claim will be denied.  The judge will often use the testimony of the vocational witness at the final step in the decision making process, Step 5, to find that the claimant can perform some types of work, thus to deny the claim.  It is then up to the claimant or the claimant's representative, to question the vocational witness effectively with a goal of showing why the claimant would not be able to perform any of the jobs suggested byh the vocational witness.  Note that it is not effective to argue that the claimant does not want to perform any of these other jobs or that he cannot find any of these jobs.  Just the ability to perform the jobs is sufficient to deny the claim.