The main reason I tell my readers to hire an attorney is because of how tricky it can be to cross-examine a vocational expert (let’s call him “VE“- and I will use “he” for easier reading). There are nuances from the behavior, words, gestures and other statements the VE does that only an experienced attorney can pick up.
Administrative law judges and other Social Security disability decision-makers rely heavily on testimony from medical experts and vocational experts. The testimony of these experts can be beneficial if the Social Security disability applicant’s attorney is prepared to handle cross examination effectively.
Cross-examination questions are usually the opposite of direct examination questions. In a direct examination, you have to ask the witness open-ended questions that allow them to fully explain their answer. A cross- examination question should be very pointed and requires only a one-word answer, preferably “yes” or “no.”
Set the case for preliminary hearing. Set the case for trial. Set the case for a motion. The only way that you’re going to effectively exploit the weaknesses in the prosecutor’s case is by way an effective cross-examination of their best witnesses. In …
Questions You Should Expect To Be Asked During A Social Security Disability HearingWhat is your formal education?Do you have any vocational training?Are you currently working?What was your last job and what were your job responsibilities?Have you tried working since you became disabled?More items...
Once you have been through a Social Security Disability hearing with an Administrative Law Judge, you need to wait for your decision to come in the mail. Six weeks to 3 months is the usual time that should be expected.
Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.
How do I prepare for my disability hearing?Know Your Claim. When you receive the notice of your appeal hearing, spend some time reviewing your case file. ... Use Your Cheat Sheets. ... Gather Recent Medical Records. ... Obtain Expert Opinions and Other Statements. ... Seek Help with Your Case.
Lawyers at our firm have heard Social Security expert witnesses testify over and over at our clients’ hearings. We know who the experts are, we understand how they think, we are familiar with their biases, and we can often predict how they will testify at our clients’ hearings.
Although every situation is unique and calls for special tactics and approaches, we follow a few general rules of cross-examination. For example, we believe in:
Cross-examination questions are usually the opposite of direct examination questions. In a direct examination, you have to ask the witness open-ended questions that allow them to fully explain their answer. A cross- examination question should be very pointed and requires only a one-word answer, preferably “yes” or “no.”.
The purpose of cross-examination is to create doubt about the truthfulness of the witness’s testimony, especially as it applies to the incidents that are at issue in the case. Cross-examination questions are usually the opposite of direct examination questions. In a direct examination, you have to ask the witness open-ended questions ...
The purpose of cross-examination is to create doubt about the truthfulness of the witness’s testimony, especially as it applies to the incidents that are at issue in the case.
You can also ask questions that would show that the witness has been convicted of a crime involving dishonesty, which is known as a “crime involving moral turpitude.”. These types of convictions could make a judge think the witness is less believable (credible).
Answer: This is a great question. You WILL NOT be sitting on a witness stand, up in front of the room. You will be sitting at a conference-type table, with your attorney. You WILL have to take an oath at the beginning of the hearing, promising that you will tell the truth. Any witnesses or experts will have to take the same oath.
Answer: No. No. No. Not at all! Social Security Disability and SSI Hearings are non-adversarial. This means that there is no attorney “on the other side” who will be asking you tough questions, trying to trip you up, and trying to ruin your credibility. Your attorney will be the only attorney in the room, and he or she certainly does not want to discredit you.
Answer: The good news is that these hearings are relatively informal. You do not need to dress up as you would for church or for other court proceedings. Although, you certainly can dress up if you would prefer. Please choose whatever clothing you are most comfortable wearing.
Answer: Probably not. Every lawyer is different and every case is different. However, disability lawyers generally do not want their clients to be “over prepared.” If you know exactly what questions will be asked, you cannot help but think about and practice your answers. When answers sound rehearsed, the claimant loses credibility.
Here in the central Arkansas area, hearings tend to last about 45 minutes. Every case is different.
Answer: Yes. Many claimants cannot sit for 45 minutes. This is one of the reasons why they cannot work. If you need to get up and move or change positions, just let your lawyer know. Most judges are accommodating because they realize that many claimants struggle with pain and cannot sit still. Clients often change positions, get up, walk around, and even pace. It is not a problem. Just let your lawyer know.
Answer: No. Your hearing will be held in a conference-type room, not a courtroom. Disability hearings are designed to be more comfortable and less intimating that the types of hearings that take place in a courtroom.
The overwhelming majority of witnesses can be cross-examined in 30 minutes or less even in very complicated cases. Effective cross-examination makes a point quickly and keeps the jury engaged from the moment you ask your first question until you pass the witness for re-direct.
When you ask an open-ended question, or a question where you do not know what the answer will be, the witness may hit that question out of the ballpark. The only exception to asking a question where you do not know what the answer will be is where no answer could possibly help the witness.
After this, the opposing attorney can conduct a final recross examination of the witness, which is limited to the subjects brought up during the redirect.
During cross-examination, the attorney tries to undermine or impeach the witness's credibility by showing that the witness is not reliable or that the witness may have misstated something or even lied during the direct examina tion. For example, if the witness said one thing in an accident report or during a deposition and then testified differently at trial, the defendant's attorney can refer to the previous statements and show inconsistencies in the story.
During direct exams, attorneys can ask witnesses to identify demonstrative evidence, such as documents and photographs and/or to explain what they saw, heard, or did in relation to the case at hand. For example, a plaintiff's attorney in a car accident personal injury lawsuit may call a bystander to testify as to what he or she saw just before, during, and/or after the accident, including what the weather was like, what happened during the accident, and any other details the witness remembers from the day.
The attorney can also question the witness about any felony criminal convictions or about any crimes involving dishonesty. Just as on direct examination, the opposing party's attorney can raise objections to the questions posed. The judge then rules on the objection.
After the plaintiff's attorney completes the direct examination, the defendant's attorney gets to cross-examine the witness. Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination. The attorney may ask leading questions during cross-examination.
The same procedure is followed as in the plaintiff's presentation of witnesses. The defendant's attorney conducts direct examination of the witnesses, and the plaintiff's attorney will conduct cross-examinations.
Cross-examination is a fundamental right in the American system of justice. Generally, cross-examination is limited to matters covered during the direct examination.