how often can the lawyer turn the ve expert opinion around during ss hearing

by Aurore Cummings 6 min read

Does the judge involve a vocational expert at a social security hearing?

#3: The Judge doesn’t involve a vocational expert. During your hearing, a Social Security vocational expert (VE) will participate. A VE is an individual trained in all aspects of the labor market. During a SSDI hearing, the Judge often calls upon the VE if there are questions about your impairments preventing you from working.

What should my attorney do after my Social Security disability hearing?

Then your attorney should use your hearing testimony, along with the opinions from your treating medical providers, to ask hypotheticals of the VE. These hypotheticals should all result in a finding of no work. Or they should result in a finding that you are disabled under Social Security’s Grid Rules based on your age, education, and past work.

What is a ve in a SSDI hearing?

A VE is an individual trained in all aspects of the labor market. During a SSDI hearing, the Judge often calls upon the VE if there are questions about your impairments preventing you from working. In some hearings, ALJ’s do not engage VE’s with questions.

Will a vocational expert witness be present at my hearing?

You have received notice of your hearing date from the SSA. You are going through all the paperwork when you come across a piece of correspondence indicating that a vocational expert (VE) witness will be present at your hearing.


Can an ALJ decision be overturned?

The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.

Can an unfavorable ALJ decision be overturned?

You may appeal an unfavorable decision to the Appeals Council. Many cases that were initially ruled as unfavorable by an ALJ have been overturned either by the Appeals Council, a Federal Court, or by another ALJ.

How can I tell if my SSDI hearing went well?

At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. If the ALJ does not ask a lot of questions, this may be a good indicator that the ALJ has sufficient medical evidence to make a favorable decision.

Can a fully favorable decision be reversed?

If you have been approved for Social Security Disability Insurance (SSDI) benefits, you may be wondering, can a fully favorable decision be reversed? Unfortunately, the answer is yes.

How many times can you appeal an SSI decision?

There is really no limit to the number of times you can apply for benefits or appeal your disability claim. However, there are a variety of other factors to consider when deciding whether to apply or appeal a denied claim. For many applicants who have received a claim denial, an appeal is the best course of action.

What are the chances of winning at the Appeals Council?

The chances of winning an appeal in federal court are barely better than at the appeals council—2%—but a large number of cases are at least given a second chance.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

How do you explain daily activities at a disability hearing?

0:052:31How to Describe Your Daily Activities at Your Disability Hearing - YouTubeYouTubeStart of suggested clipEnd of suggested clipThey ask how you spend a usual day. They use your description to figure out whether or not yourMoreThey ask how you spend a usual day. They use your description to figure out whether or not your daily activities are consistent with the symptoms. And limitations you describe.

How long do Decision writers take?

It is not uncommon to wait a couple of months to get a written decision. Decision writing process – The ALJ has made a decision in the case after considering your medical evidence and testimony provided at the hearing. A formal written decision will be mailed to you and your lawyer typically within 60 days.

How far does Social Security back pay?

By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits. Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved.

What happens after a fully favorable decision by ALJ?

A “fully favorable” decision is rendered by an administrative law judge (ALJ) after evaluating a second appeal filed by a SSDI claimant. This means the ALJ has essentially overturned the denial handed down during the first appeal (reconsideration) and the claimant will now begin receiving monthly disability benefits.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

Who will give testimony at a disability hearing?

If you have a Social Security disability hearing coming up, a vocational expert witness will likely be hired by the agency to give testimony at the hearing.

Who is the attorney for Social Security Disability?

Attorney Sara J. Frankel used to work for the Social Security Administration, so she knows the law from an inside perspective, and will fight to get you the benefits that you deserve.

What happens if a lawyer does not challenge a VE?

If your lawyer does not challenge the VE’s answers about what jobs you can perform, your claim will probably be denied. You are statistically more likely to lose your case if a VE is at your hearing, so you need an expert lawyer to cross-examine them and win your case.

What to ask a lawyer after a VE testimony?

After the VE’s testimony, your lawyer can ask further questions during cross-examination and try to have the VE disqualify some jobs they had testified that a hypothetical worker could still do . Often, your lawyer will do this by asking about some of your limitations that the judge did not include in their hypothetical questions. Ultimately, the goal is to have the VE admit that there are no jobs available that you can perform.

What do you testify about at a hearing?

At your hearing, you will be called to testify about your work history, daily activities, and disabling medical conditions. You will specifically have to answer questions about your past work, such as duties, tasks, and any special training you may have had.

What is a vocational expert?

A vocational expert (VE) is a person who the Social Security Administration recognizes as an authority in the areas of vocational rehabilitation and training, with extensive knowledge of the duties, tasks, education and skills necessary to perform various jobs.

What is the most unexpected part of Social Security hearing?

For most Claimants, especially those younger than age 50, one of the most unexpected portions of a Social Security Hearing is Vocational Expert (VE) testimony.

What should be questioned about vocational expert testimony?

This article is going to focus on the actual Dictionary of Occupational Titles (DOT) listings, but one should also question characteristics of the jobs cited, the source of the job numbers, the date they were pulled, how jobs 1 and 3 seem to have the incidence, and how job counts are matched to DOT codes. Job counts are often supplied from census codes which do not map directly to DOT codes and are usually aged. It should also be noted that the DOT is quite old, and is often lacking in describing the jobs of today. There are several ways that these disconnects can be used to a Claimant’s benefit, but the focus for today is on job descriptions.

How to ask a vocational expert?

When questioning the vocational expert, there are two types of approach that may be employed. One class of question relates to the hypothetical as presented by the Judge. The second type of question can be presenting by making up one’s own hypothetical, or adjusting the Judge’s scenario and asking questions. For the second type of questions, it would be wise to be able to ensure that the hypothetical reflect limitations that are supported by medical evidence in the Claimant’s case file. Both types of questions though may represent great help to Claimant’s case, and one should be aware that there are certain times to not ask questions (such as where there has been no testimony that hurts your case). Also note that the vocational expert is not necessarily an adversary. Though their experience varies widely, in most cases, their responses are driven by the hypothetical limitations as opposed to any other agenda. Though their evidence may be harmful to a Claimant’s case, I have seen very few vocational experts that consistently “have it out” for Claimants, and most vocational experts, if presented with an appropriately targeted and persuasive question, may provide testimony that can strengthen a Claimant’s case considerably.

How many hours can a sailor stand?

2. Capable of work at the light exertional level, occasionally lifting 20lbs, and frequently lifting up to 10lbs. 3. Able to stand for 6 hours of an 8 hour workday. 4. No use of dominant right arm, and left arm is capable of frequent overheard reaching. 5.

What is the job of a usher?

Usher – Assists patrons at entertainment events to find seats, search for lost articles, and locate facilities, such as restrooms and telephones. Distributes programs to patrons. Assists other workers to change advertising display.

Can an angry expert cause hardship?

An angry expert can provide large hurdles to overcome, and even if they introduce appealable issues, the delay caused by an AC appeal can cause significant hardship. Notice above that the “Chaperone” accompanies minors on trips, dances, concerts, and sporting events.

Is a vocational expert an adversary?

Also note that the vocational expert is not necessarily an adversary.

How long does it take to appeal a disability claim?

Disabled claimants must file their appeal within 60 days of receiving the denial. Once the request is received, Social Security reviews your claim again.

Do we get paid unless you do?

We don’t get paid unless you do.

How many SSDI applications are denied in California?

Approximately 28% of applications for Social Security Disability Insurance (SSDI) benefits are approved initially. This means that the majority of SSDI applications are denied. After a denial, your California disability benefits attorney can work with you to file a request for reconsideration.

What is an ALJ hearing?

He or she will provide opinion evidence at an appeals hearing that will be considered by an administrative law judge (ALJ) when they make a decision about a disability. At the hearing, a vocational expert will typically be called by an ALJ to provide evidence about whether a claimant can do their previous work or any other job.

What is vocational expert?

A vocational expert is a witness who is qualified as an expert by the SSA. Typically, they have college degrees and experience in the field of vocational rehabilitation. The SSA pays these witnesses, but a vocational expert is considered impartial.