When appealing a denied Social Security Disability claim, one of the most important individuals involved in your case at the hearing level is a Vocational Expert (VE). But who are they? What do they do? And how can their testimony influence your case? Let’s break it down.
What Is A Vocational Expert?
A Vocational Expert is a professional hired by the Social Security Administration (SSA) to provide impartial testimony about jobs in the national economy and how various limitations can impact a person’s ability to work.
The VE must have extensive knowledge of the national job market, including:
The physical and mental requirements of various jobs,
The number of jobs available in the national economy, and
What employers typically will or will not accommodate in terms of absenteeism, lifting limits, rest breaks, and other functional restrictions.
They are not involved in the initial or reconsideration stages of your application. The Vocational Expert becomes involved at the hearing level, where an Administrative Law Judge (ALJ) takes their input into account to evaluate whether you can return to past work or do other work despite your impairments.
The Hearing: How the Vocational Expert Testifies
At your disability hearing, the ALJ will ask the vocational expert (VE) a series of questions. These often come in two parts:
Could a hypothetical individual with similar conditions perform your past work? The VE first classifies your past work (usually from the last 5 years) by exertional level (sedentary, light, medium, heavy) and skill level. Then the judge asks whether, based on the limitations, could the hypothetical individual be expected to perform that past work.
Could that hypothetical individual perform any type of other work? If the individual could not perform the past relevant work, then the judge moves on to step 5 where the judge asks hypothetical scenarios. For example, assume an individual who is the same age, has the same education, and has the same work experience as the claimant, can only lift 10 pounds occasionally and must alternate between sitting and standing every 30 minutes. What other jobs in the national economy could this person be expected to perform?
Based on these limitations, the VE will declare whether there are jobs in the national economy that such an individual could still perform. Keep in mind that the VE is not the decision-maker in your claim. The judge uses the Vocational Expert’s testimony, along with medical and other evidence, to determine if you are disabled under the regulations.
Limitations and What They Mean for Work
Here are a few examples of how specific limitations are viewed by vocational experts:
If you’re limited to standing/walking, you may be restricted to sedentary work, which typically means sitting most of the time. Examples include:
Call center operator
Data entry clerk
Assembly work done at a seated station
However, if you also need to frequently alternate positions, this can further reduce the number of available jobs.
If you can only lift ten pounds, this typically places you in the sedentary category as well. Many light- or medium-exertion jobs can require lifting, often up to 20 to 50 pounds. Limiting lifting capacity may narrow the types of work you can perform.
Why Vocational Expert Testimony Matters
The vocational expert doesn’t determine whether your claim will be approved, but their testimony plays a critical role in whether the judge finds you capable of working. If the VE says there are no jobs available with your limitations, this strongly supports your claim.
On the other hand, if the VE says there are jobs a similar individual could still do, your attorney has the opportunity to cross-examine the VE. This involves questioning the reliability of job numbers, how current the data is, or whether the jobs described truly match your physical and mental limitations.
This is why having an experienced disability attorney is essential—we know how to challenge VE testimony when necessary.
We Can Help Secure the Benefits You Need
Vocational Experts are neutral witnesses who provide key insight into what types of work a person with certain limitations could still perform. Their testimony is based on real-world job data, employer expectations, and the specific physical and mental abilities required for various jobs.
At Disability Attorneys of Michigan, we have extensive experience preparing for and cross-examining vocational experts. We work to ensure the record accurately reflects your actual limitations and fight to ensure the right questions are asked and answered in your favor.
If you need help with an initial application or filing an appeal, contact us today by submitting an online form or calling our office at 800-949-2900 for a complimentary case evaluation.
