Challenging the Vocational Expert in Your Disability Hearing

Getting social security disability requires that you meet a number of legal requirements and hurdles. But one of the most difficult to overcome is the requirement to show that there are no jobs in the national economy that you could perform, with your disabilities.

You can go into your social security disability hearing and say that you cannot work, and show medical records. But how does the government disprove this? In other words, what evidence will the government use, to show that in fact there are jobs available that you are physically or mentally qualified and capable to do?

Enter the Vocational Expert

The answer is through the use of what is known as a vocational expert.

Vocational experts are professionals who are trained in the national job market. They are experts in what each kind of job is, what it does, and what the requirements of a given job may be. They are trained in matching someone’s particular skills, with given available jobs.

At your disability hearing, the government will use the testimony of one of these experts. The expert will, having reviewed your medical records, testify as to whether or not there are any jobs you can do–and because they are the government’s experts, and because they are paid by the government to come to court, they will almost always say yes, there are a number of jobs that you are physically and mentally able to perform.

If the judge believes the expert, your disability claim will fail.

Challenging the Expert

Winning your disability hearing, requires refuting what these experts may say in your hearing.

Many vocational experts use dated or even obsolete information. For example, an expert may say that you could be a security video monitor–someone who sits and watches the video picked up by surveillance cameras.

But nowadays, much of this monitoring might be done by AI. Many companies don’t even use these on-scene monitors–they monitor their surveillance cameras remotely.

In fact, if the government does use a vocational expert at your disability hearing, don’t be surprised to hear that expert say that you could do jobs that you’ve never even heard of; strange jobs that you didn’t think existed.

Experts will say that people can work, for example, as letter openers or silverware preparers, or other jobs which may have long been replaced by technology.

Vocational experts are notorious for using data that may be 10 or more years old–a lifetime when it comes to the evolution of jobs.

Vocational experts are not medical experts–because of that, they often don’t take into account all of your disabilities. They might, for example, say you could do a job where you sit because you have a bad back, but not take into account the effect that your pain medications have on your ability to do that job.

There is no secret to refuting their testimony. It comes down to having a social security disability attorney that understands the job market, and the flaws in these experts’ reasoning and research.

Thinking about applying for social security disability? Call us about your case. Schedule a consultation with our Tampa personal injury lawyers at Barbas, Nunez, Sanders, Butler & Hovsepian today.

Source:

ssa.gov/appeals/ve.html