At a Social Security Disability Insurance hearing, one of the central questions may be whether you can still perform your previous work or adjust to other work despite your medical limitations. A vocational expert may provide testimony to help the Administrative Law Judge evaluate those issues.
Vocational expert testimony can be important because it connects the limitations described in the evidence with the practical requirements of employment. The expert may discuss your past work, transferable skills, and whether jobs exist for someone with the physical and mental restrictions presented by the judge.
Kellum Law Firm helps North Carolina residents prepare for Social Security Disability claims, appeals, and hearings. Understanding what a vocational expert does—and what the expert does not decide—can help you prepare for this stage of the process.
What Is a Vocational Expert?
A vocational expert, commonly called a VE, is a professional with specialized knowledge of occupations, job requirements, transferable skills, and the vocational effects of physical and mental limitations.
The Social Security Administration may ask a vocational expert to provide impartial opinion evidence at a hearing before an Administrative Law Judge. The expert does not examine or treat the claimant, determine the claimant’s medical restrictions, or make the final decision about disability.
Instead, the vocational expert responds to questions about work based on the limitations the judge includes in a hypothetical scenario.
A vocational expert may provide evidence concerning:
- the physical and mental demands of the claimant’s previous jobs;
- how Social Security classifies that work;
- whether the claimant has skills that may transfer to other occupations;
- whether a person with specified limitations could perform past work;
- whether other jobs exist in the national economy for such a person; and
- the approximate number of those jobs that may exist.
When Does a Vocational Expert Participate in an SSDI Hearing?
Vocational experts most commonly participate when the Social Security Administration must evaluate whether a claimant can return to previous work or perform other work.
The expert may testify in person, by telephone, or by video. In some cases, vocational evidence may be provided through written responses instead of live testimony.
At the hearing, the Administrative Law Judge ordinarily explains why the vocational expert is participating. The judge questions the expert, and the claimant or the claimant’s attorney generally has an opportunity to ask additional questions about relevant vocational issues.
How Social Security Evaluates the Ability to Work
Social Security uses a sequential evaluation process when deciding an SSDI claim. Vocational evidence becomes especially important during the later stages of that process.
Can You Perform Your Past Relevant Work?
Social Security first considers whether you retain the ability to perform relevant work you previously performed.
Past relevant work generally includes employment that:
- was performed during the five-year period considered by Social Security;
- rose to the level of substantial gainful activity;
- lasted long enough for you to learn how to perform it; and
- is relevant to the disability determination.
The vocational expert may classify your previous occupation and describe how that job is generally performed. The expert may also consider how you actually performed it, including duties that made your particular job more physically or mentally demanding than the occupation typically requires.
Can You Adjust to Other Work?
If Social Security concludes that you cannot perform your past relevant work, the next issue may be whether you can adjust to other work that exists in significant numbers in the national economy.
That analysis may consider:
- your residual functional capacity;
- your age;
- your education;
- your previous work experience;
- skills acquired through prior employment; and
- the physical and mental demands of other occupations.
The vocational expert may identify occupations that a hypothetical person with the limitations stated by the judge could perform. The expert may also provide estimates of how many such jobs exist.
What Is Residual Functional Capacity?
Residual functional capacity, or RFC, is an assessment of the work-related activities a person can still perform despite medically established limitations.
A physical RFC may address limitations involving:
- sitting, standing, and walking;
- lifting and carrying;
- pushing and pulling;
- bending, crouching, kneeling, and climbing;
- reaching, handling, and using the hands;
- the need to change positions or use an assistive device; and
- exposure to heights, machinery, dust, fumes, heat, or other conditions.
A mental RFC may address the ability to:
- understand and remember instructions;
- maintain concentration and an acceptable work pace;
- complete tasks without excessive supervision;
- interact with supervisors, coworkers, and the public;
- adapt to workplace changes;
- manage ordinary workplace stress;
- maintain regular attendance; and
- remain on task throughout the workday.
The vocational expert does not independently decide your RFC. The expert answers questions using the limitations provided by the Administrative Law Judge.
How Hypothetical Questions Work
The judge usually questions the vocational expert through a series of hypothetical examples. Each example describes a person with a particular combination of age, education, work history, and functional limitations.
For example, the judge might ask whether a person could perform work if that person were limited to:
- lifting no more than a specified amount;
- standing or walking for only part of the workday;
- occasional bending or climbing;
- simple and repetitive tasks;
- limited interaction with the public; or
- an environment without dangerous machinery.
The vocational expert may identify jobs that fit those restrictions.
The judge may then add further limitations, such as the need for frequent unscheduled breaks, regular absences, reduced productivity, or the inability to remain on task. The expert may testify that those additional restrictions would reduce or eliminate the available work.
This is why the accuracy and completeness of the medical and functional evidence are so important. The vocational expert’s answer depends heavily on the limitations included in the hypothetical question.
How Vocational Experts Evaluate Past Work
The vocational expert may review your work-history forms and hearing testimony to determine what jobs you performed and what those jobs required.
Important details may include:
- how much weight you lifted;
- how much time you spent sitting, standing, or walking;
- whether you operated machinery;
- whether the job required frequent reaching or use of the hands;
- whether you supervised other employees;
- the complexity of your duties;
- the training required;
- the amount of contact with customers or coworkers; and
- the pace, production demands, and stress involved.
A job title alone may not adequately describe the work. Two people with the same title may have performed substantially different duties. Applicants should therefore provide a detailed and accurate description of how their previous jobs were actually performed.
What Are Transferable Skills?
Transferable skills are work skills acquired in a previous job that may be usable in another occupation.
Examples might include:
- recordkeeping;
- scheduling;
- operating specialized equipment;
- supervising employees;
- preparing reports;
- using particular software;
- inspecting products or materials; and
- communicating technical information.
The existence of a skill does not automatically establish that it can be used in another job. The proposed work must be consistent with the claimant’s medical limitations and relevant vocational circumstances.
For example, a person may possess clerical skills but be unable to use them in competitive employment because of severe limitations in sitting, concentration, attendance, memory, or use of the hands.
Why Vocational Expert Testimony May Be Challenged
Vocational testimony should be based on an accurate understanding of the claimant’s work history and the restrictions established by the record. Questions may arise when:
- the expert misclassifies a previous job;
- the description of past work does not match how the claimant actually performed it;
- the proposed occupation conflicts with a limitation in the hypothetical question;
- the expert does not account for all relevant restrictions;
- the identified work requires skills the claimant does not possess;
- the job-number estimate requires clarification; or
- the occupational evidence appears inconsistent or outdated.
Questioning the vocational expert does not mean arguing with the witness. The purpose is to clarify the testimony, identify unsupported assumptions, and determine whether the proposed work is genuinely consistent with the limitations in the case.
How a Disability Attorney Can Address Vocational Testimony
Reviewing Your Work History
An attorney can review your employment history before the hearing and help ensure that previous jobs are described accurately. This includes the duties you performed, the physical and mental demands involved, and any differences between your job and the occupation as generally performed.
Connecting Medical Evidence to Work Limitations
Medical records often contain diagnoses and examination findings without fully explaining their effect on employment. An attorney can help identify evidence concerning sitting, standing, lifting, concentration, attendance, pace, social interaction, and other work-related functions.
Preparing You for Questions
You may be questioned about your prior duties, training, supervision, equipment use, physical exertion, and reasons for leaving work. Reviewing these subjects in advance can help you provide clear and accurate testimony.
Questioning the Vocational Expert
An attorney may ask whether the expert’s answer would change if additional supported limitations were included.
Depending on the evidence, questions might address a person who:
- needs to alternate between sitting and standing;
- requires additional unscheduled breaks;
- must elevate a leg;
- cannot use the hands frequently;
- would be absent several times per month;
- cannot maintain acceptable concentration or pace;
- would remain off task for a significant portion of the day; or
- cannot interact appropriately with supervisors, coworkers, or the public.
The attorney may also question the expert about job classifications, transferable skills, occupational requirements, or the basis of job-number estimates.
Addressing the Testimony in Legal Argument
After the evidence has been presented, an attorney may explain why the vocational testimony supports—or does not support—a finding that the claimant can perform sustained work.
The final decision remains with the Administrative Law Judge, who considers the vocational testimony together with the medical evidence, the claimant’s testimony, and the rest of the administrative record.
How to Prepare for Vocational Questions at Your Hearing
Before the hearing, review your work history carefully. Be prepared to explain:
- the jobs you held during the relevant period;
- how long you performed each job;
- your principal duties;
- how much you lifted and carried;
- how frequently you sat, stood, walked, bent, reached, or climbed;
- whether you used tools, machinery, or computer systems;
- whether you supervised other people;
- the training and judgment required;
- why you stopped performing the work; and
- how your current limitations differ from your abilities at that time.
Do not guess when you genuinely do not remember a detail. Give your best reasonable estimate and make clear when an answer is approximate.
Learn More About the SSDI Hearing Process
Vocational testimony is only one part of a Social Security Disability hearing. Medical evidence, treatment history, testimony, work records, and the limitations included in the residual functional capacity assessment may all affect the result.
For additional guidance, review our article on how to prepare for an SSDI hearing and our complete Social Security Disability Claims Guide.
Talk to a North Carolina Social Security Disability Lawyer
If an SSDI hearing is approaching, careful preparation can help ensure that your medical limitations and work history are accurately presented. Kellum Law Firm helps North Carolina residents prepare for disability hearings, respond to vocational testimony, and appeal denied Social Security Disability claims.
Call 1-800-ACCIDENT or use our online form to request a free consultation with a disability attorney.
We’re With You All The Way.
Additional source
Social Security Administration — Medical and Vocational Experts
