Vocational Experts Role in Determining Disability
Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2012/01/11 - Updated: 2022/07/05
Topic: Social Security - Publications List
Page Content: Synopsis - Introduction - Main
Synopsis: A vocational expert witness testifies at Social Security disability appeal hearings at the request of an Administrative Law Judge.
• The vocational expert witness analyzes the residual functioning capacity assessment and determines whether jobs exist in the national economy that an SSD applicant can perform.
• Vocational experts can come from a variety of professional backgrounds. Some have psychology degrees, while others have vocational counseling or rehabilitative training. The vocational expert is not an agent of the SSA.
Introduction
If you are initially denied an application for Social Security benefits, you have the option to appeal the initial denial. At the appeals stage, a vocational expert may testify at your hearing.
Main Item
Many who have been denied disability benefits by the Social Security Administration (SSA) exercise their right to appeal the initial decision. Often those who have appeal hearings scheduled receive notice that a vocational expert witness will be testifying at the hearing but are left to wonder who this witness is and what their purpose is in determining whether Social Security Disability (SSD) benefits should be approved.
What Is a Vocational Expert?
A vocational expert witness testifies at Social Security disability appeal hearings at the request of an Administrative Law Judge (ALJ). The vocational expert witness analyzes the residual functioning capacity assessment and determines whether jobs exist in the national economy that an SSD applicant can perform.
A residual functioning capacity assessment is the form that the Disability Determination Services (DDS) team completes when assessing whether an applicant qualifies for disability benefits to figure out what kind of work an applicant can still do, given their limitations. The DDS team looks at the applicant's medical records and other information submitted to fill out the residual functioning capacity assessment.
Vocational experts can come from a variety of professional backgrounds. Some have psychology degrees, while others have vocational counseling or rehabilitative training. The vocational expert is not an agent of the SSA. The vocational expert should be independent and offer an objective view of the applicant's abilities to do various kinds of work.
The Role of the Vocational Expert
The vocational expert witness testifies at the appeal hearing about their assessment of what an applicant can and cannot do in an employment setting. To do this, the vocational expert will review the applicant's file, giving special attention to the applicant's work history for the 15 years before the application. The vocational expert also may use observations of the applicant and any other testimony during the hearing to assess the applicant's abilities. To give the vocational experts time to make these observations, they are often last to testify at the hearing.
Legal Assistance
Those preparing for a Social Security appeals hearing can benefit greatly from the assistance of an experienced SSD lawyer. An attorney can aid a person seeking to appeal the SSA's denial of Social Security disability benefits in a hearing through preparation for the types of questions that may be asked at the hearing, information about the procedure of a hearing, and by questioning witnesses on the claimant's behalf to ensure that the ALJ gets the clearest picture possible about the extent to which the claimant's disability impacts their life.
An attorney assisting with a Social Security claim only receives compensation if the claim is successful, so using the services of a lawyer for an appeal hearing is an affordable option.
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