In most Social Security disability hearings, the Administrative Law will give notice that they are calling a Vocational Expert as a witness. This information will be tucked into your “Notice of Hearing” packet and may look like a copy of a letter addressed to a vocational expert.
A vocational expert is typically called to answer questions by the judge about a claimant’s past work and their potential for future work based on their limitations.
The cross examination of the vocational expert is one of the critical roles of a disability attorney. The questions that are posed to the vocational expert by the judge and the attorney are typically in the structure of a hypothetical question, and the structure and content of these hypothetical questions can ultimately decide a case.
I warn my clients that in most cases, they will hear the judge pose at least one hypothetical question that does not adequately capture all of their limitations. It can be a very troubling experience to hear a vocational expert’s response to an incomplete hypothetical. This is because the vocational expert will likely be listing off many jobs that a person with those hypothetical limitations could do.
I explain to my clients that this is normal. Many judges start their questioning of the vocational expert by using the limitations that were found by the disability determination services at the time the claimant was previously denied. It is then my job, as the attorney, to be sure that the vocational expert is asked complete hypotheticals that include all of my client’s limitations.
If you are considering going to a hearing on your own, be aware that the questioning of the vocational expert is a critical part of the disability claim. I would encourage you to find an attorney who can help you navigate this vital element of your disability claim.