Social Security nearly always calls a vocational expert to testify at hearings. The purpose is to help the judge understand what type of jobs and how many of them are available in the economy--based on certain assumptions or hypothetical facts. The practical result may be a denial of benefits.
The vocational expert will usually testify that there are jobs that a claimant in a similar set of circumstances could still perform, thus potentially disqualifying him for benefits at Step 4 or 5 of the sequential evaluation process. Here are some things to know about vocational testimony:
A certain number of jobs will be provided under DOT codes (Dictionary of Occupational Titles). However, these job numbers do NOT reflect how many jobs are available per DOT code, as you might believe. The number of jobs reflect the number of jobs available in a larger grouping of SOC coded job categories which contain multiple DOT codes.
Also, if presented with the proper questions, the vocational expert may testify that the claimant cannot perform any of those jobs. The key is to present the right questions.
The vocational expert is an independent witness who testifies under oath. Lurking somewhere in the depths of his/her testimony may be the unstated fact that the claimant cannot sustain any type of full-time remunerative employment, as a result of one or several impairments. Getting that testimony on the record makes all the difference in whether the claimant receives a Social Security disability check or continues to semi-survive without one.
Were it not for VE testimony, the claimant might prevail without a representative or attorney. But I have never attended a hearing for an adult which did not include testimony from a vocational witness. Since the vocational witness is a given, representation is essential, in my opinion.
The vocational expert will usually testify that there are jobs that a claimant in a similar set of circumstances could still perform, thus potentially disqualifying him for benefits at Step 4 or 5 of the sequential evaluation process. Here are some things to know about vocational testimony:
A certain number of jobs will be provided under DOT codes (Dictionary of Occupational Titles). However, these job numbers do NOT reflect how many jobs are available per DOT code, as you might believe. The number of jobs reflect the number of jobs available in a larger grouping of SOC coded job categories which contain multiple DOT codes.
Also, if presented with the proper questions, the vocational expert may testify that the claimant cannot perform any of those jobs. The key is to present the right questions.
The vocational expert is an independent witness who testifies under oath. Lurking somewhere in the depths of his/her testimony may be the unstated fact that the claimant cannot sustain any type of full-time remunerative employment, as a result of one or several impairments. Getting that testimony on the record makes all the difference in whether the claimant receives a Social Security disability check or continues to semi-survive without one.
Were it not for VE testimony, the claimant might prevail without a representative or attorney. But I have never attended a hearing for an adult which did not include testimony from a vocational witness. Since the vocational witness is a given, representation is essential, in my opinion.
Vocational representatives are paid by Social Security. They will tell the truth but often do not volunteer helpful information for the claimant unless they are asked. Asking is critical and knowing what to ask is essential.
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