If the VE believes there are jobs the hypothetical person can perform, he or she will state the job titles, their codes, and the number of the jobs including filled positions in the area near where you live. If the VE testifies that there are still jobs the person can do despite having your work-related impairments, your claim will be denied. If you are represented, your attorney will be allowed to ask the VE follow-up questions after the ALJ has finished asking questions. Your attorney will try to rule out the jobs that the VE stated someone with your limitations could do, often by including some limitations that the judge left out of the hypothetical.
Your attorney's goal is to try to get the VE to say that there are no jobs available that you can do. For example, if the VE stated that you could do an administrative assistant's job, your attorney could ask the VE whether someone who could not stoop or bend could do an administrative assistant's job.
The VE would probably answer no. If your inability to stoop or bend is documented in your medical records, and there are no jobs left that the VE has testified that you can do, your claim will be approved. This is the most important part of the hearing: the cross-examination of the vocational expert. If you don't challenge the VE's opinion on what jobs you can do , you'll likely lose your hearing.
It takes experience with disability hearings and knowledge of Social Security law to ask the questions that will successfully rule out all the jobs the VE said you could do. To avoid losing your hearing based on the VE's testimony, consider hiring an experienced disability lawyer to represent you in your appeal hearing. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. Copyright All Rights Reserved. This website is managed by Oamii. Buy Book. Evaluation Request. Defense or Plantiff? Defense Plantiff. OAS expert witnesses have the experience with disability hearings and knowledge of Social Security law to successfully represent you in your Social Security Disability appeal hearing.
Has a cervical or lumbar spine impairment. Is under 45 years of age. You will rarely have the opportunity to question the claimant directly during the hearing. If you have any questions—e. The ALJ will decide whether the information is pertinent and how it should be elicited; the ALJ may ask the question himself or herself or allow you to ask the question. OHO developed a Vocational Expert orientation package which provides basic introductory information you will need when you participate in ALJ hearings.
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