The Role Of Vocational Experts In North Carolina Social Security Hearings

In this article, you can discover…

• The role of a vocational expert in SSDI hearings and why they are involved.
• Whether you can challenge the opinion of a vocational expert in an SSDI hearing.
• How to best prepare ahead of time for the vocational expert’s testimony.

What Is A Vocational Expert In An SSDI Hearing, And Why Are They Involved In The Process?

Vocational experts are brought in on the vast majority of Social Security Disability hearings. These are experts who have studied the labor force to determine which jobs are available and what their physical and mental requirements are.

During your hearing, the Social Security Administrative judge will ask the expert how many jobs exist that you might be able to do in light of your disability, to get an idea of how possible it may be for you to work. The vocational expert will also describe and analyze your past job experience to determine if you could (in their opinion) work at your old job again.

Can I Question Or Challenge A Vocational Expert’s Testimony In An SSDI Hearing?

Yes, you can absolutely challenge the testimony of a vocational expert. While it is not likely to have their option removed from the case, you and your attorney can still push back against their opinion with your own testimony, medical evidence, and the actual availability of jobs that you could possibly do.

The reality is that many vocational experts rely upon job descriptions that are severely out-dated. For example, many of the job descriptions used by these experts come from the Dictionary of Occupational Titles, which was last updated in 1991. Realistically, with the rise of automation, computers, and AI, many jobs have changed considerably since then.

Attorney Justin Wraight is a caring, determined SSDI attorney serving North Carolina. Since 2003, he’s helped clients just like you understand the role of vocational experts, push back against unrealistic claims, and ensure SSDI hearings are truly fair.

Have questions, or in need of legal guidance? Reach out to Cardinal Law Partners for an initial consultation today.

Can The Judge Still Approve My SSDI Benefits Even If The Vocational Expert Says I Can Perform Some Work?

Yes, a judge still may approve SSDI benefits in spite of a vocational expert’s testimony, especially if your age is a factor. For example, say you are 58 years old, and your past work was very laborious with intense physical demands. You’ve also injured your back, can no longer stand for more than a few minutes, and have a high school education.

While the vocational expert might find a few jobs they think you can do, the Social Security Administration is unlikely to expect you to go through training or go back to school to get a sedentary job, given your age and health. Just because a vocational expert has identified possible jobs does not mean your SSDI benefits are at risk.

What Can I Do Before My Social Security Hearing To Prepare For Vocational Expert Testimony?

The main thing to be aware of is that the judge and the vocational expert will focus on your previous jobs, so be prepared to answer questions related to your past work.

The first questions the judge will ask are “Why can’t you simply go back to your previous job?” and “What disabilities are you dealing with?” They’ll want to know if your disabilities truly prevent a return to the type of work you used to do.

Next, they’ll want to know if you obtained any skills from that job and what you’ve been doing within the last five years that might allow you to do less physically demanding work.

You may also have to explain your previous job roles. For example, you may have been listed in the employee directory as a “manager” at a past job, but you didn’t actually make hiring decisions or fire people. You were simply given that title due to seniority and a willingness to work in different departments, but you never made major decisions. This clarity can help the judge better understand your past roles and skills.

How I Explain The Role Of A Vocational Expert To Clients

The main thing to understand about a vocational expert is that they do not make the ultimate decision as to whether or not you receive SSDI benefits; that is up to the judge.

The vocational expert may give three or four hypothetical circumstances in which you could possibly work, but the judge is then free to either rely on or not rely on these opinions.

Ultimately, the vocational expert is there to provide some objectivity so the judge can make a decision based on figures rather than feelings. They have no ultimate say in whether or not you are awarded benefits.

Still Have Questions? Ready To Get Started?

For more information on vocational experts and Social Security hearings in North Carolina, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (833) 444-4257 today.