If your SSDI case reaches a hearing before an Administrative Law Judge (ALJ), you will almost certainly encounter a Vocational Expert (VE). Vocational experts are independent specialists called by the SSA to provide testimony about jobs that exist in the national economy and what types of work someone with your particular limitations could perform. Understanding the role of the vocational expert \u2014 and how to challenge their testimony \u2014 can make the difference between winning and losing your hearing.<\/p>\n
Vocational experts are labor market professionals \u2014 typically trained in vocational rehabilitation, industrial psychology, or occupational analysis \u2014 who are retained by the SSA to provide testimony at SSDI hearings. They are not there to advocate for you or against you; they are called to provide neutral expert opinion on occupational matters. In practice, however, their testimony often has a decisive impact on hearing outcomes.<\/p>\n
The ALJ will ask the VE a series of hypothetical questions designed to determine what jobs exist that a person with your specific limitations could perform. A typical exchange goes something like this:<\/p>\n
“Assume a person of the claimant’s age, education, and work history, who can lift 10 pounds occasionally and 5 pounds frequently, must alternate sitting and standing every 30 minutes, cannot concentrate for more than 30 minutes at a time, and must avoid all exposure to dust and fumes. Are there jobs in the national economy such a person could perform?”<\/em><\/p>\n If the VE identifies jobs that fit the hypothetical, the ALJ will likely deny your claim at step five. If no jobs exist, the ALJ must find you disabled.<\/p>\n A knowledgeable disability representative can challenge VE testimony in several important ways:<\/p>\n One of the most effective strategies in VE cross-examination is eliciting testimony about the tolerance for off-task behavior and absenteeism in competitive employment. VEs routinely acknowledge that employers will not tolerate workers who are off-task more than 10\u201315% of the workday, or who miss more than one to two days of work per month. If your condition causes this level of limitation, the VE’s own testimony can support a finding of disability.<\/p>\nHow VE Testimony Can Be Challenged<\/h2>\n
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The Off-Task and Absenteeism Question<\/h2>\n
Preparing for VE Testimony<\/h2>\n
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