VOCATIONAL EXPERT AT A DISABILITY HEARING - WHAT IS THIS?



Vocational expert at a disability hearing - what is this?



 
Vocational experts are vocational rehabilitation professionals who meet the qualifications of the Social Security Administration. Vocational experts provide vocational advice to disability adjudicators from the initial disability claims level through the administrative law judge hearing level. For the purposes of this discussion, we will review the vocational experts role in the administrative law judge disability hearing.

Prior to scheduling your disability hearing, an administrative law judge will review your disability file and form an opinion as to your ability to perform your past relevant work with the functional limitations established by the medical evidence in your disability file.

The administrative law judge must first consider if your impairment, or impairments, meet or equal a medical listing. If you do not meet the criteria of any medical listing (in the disability listing book), you may be a candidate for an allowance based upon medical and vocational factors.

What do I mean by this? Social Security has Medical Vocational guidelines that must be considered when determining an individual's disability. What do the Social Security medical vocational guidelines address? Social Security Disability medical vocational decisions are based upon an individual's residual functional capacity (what you are able to do in spite your medical and/or mental impairments), age, education, and work experience.



How do does Social Security determine the exertional and skill requirements of your past work? Social Security uses the Dictionary of Occupational Titles (DOT), which describes various types of work as they are performed in the national economy. The DOT describes the exertional requirements as well as the skill demands of a particular job.

So now you may be wondering what does this have to with a vocational expert being present at my disability hearing? If you are sent a letter stating that the judge will have a vocational expert present at your hearing, it may mean he has decided that you cannot perform your past work with the limitations of your impairments.

Therefore, the administrative law judge must now decide if you will be able to perform "other work". This is where the vocational expert is useful due to the complexities of vocational determinations. How does the administrative law judge garner the vocational advice from the vocational expert at your disability hearing? Generally, the administrative law judge will direct a hypothetical question to the vocational expert.

The question may be something like this:

"Given this individual's functional limitations, do you feel there are other jobs that could be performed by this individual in the national economy?"

Often the vocational expert's answer in this situation will determine the outcome of the hearing. Consequently, individuals who receive a letter stating that there will be a vocational expert present at their hearing may wish to seek qualified representation in the form of an experienced disability lawyer.


About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.







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