What are career experts and how do they affect your disability claims?
One of the most important people involved in your case at the hearing level when attracting denial Social Security disability claims is a career expert (VE). But who are they? What do they do? How did their testimony affect your case? Let's break it down.
What is a professional expert?
Career experts are professionals hired by the Social Security Agency (SSA) to provide impartial testimony about employment in the national economy and how various restrictions affect a person’s ability to work.
VE must have a broad understanding of the national employment market, including:
- The physical and psychological requirements of various work,
- The number of jobs available in the national economy,
- Employers will usually adapt or not to what they are in terms of absenteeism, lifting restrictions, rest and other functional limitations.
They are not involved in the initial or reconsider phase of your application. Career experts begin to participate at the hearing level, where the Administrative Law Judge (ALJ) put it into consideration to assess whether you can return to past work or do other work despite the barriers.
Hearing: How professional experts testify
During your disability hearing, ALJ asks a range of questions to the Professional Expert (VE). These usually have two parts:
- Can a hypothetical individual with similar conditions perform your past work? VE first classifies your past work (usually the last 5 years) as a level of work (sitting, light, medium, heavy) and skill level. The judge then asked whether based on limitations, whether the hypothetical person could be expected to perform past work.
- Can that hypothetical person perform any other type of work? If the individual is unable to engage in related work in the past, the judge will move on and the judge asks for Step 5 of the hypothetical scenario. For example, suppose a person of the same age, the same education, and the same work experience as the claimant, can only lift 10 pounds occasionally and must alternate between sitting and standing every 30 minutes. What other tasks can the person perform in the national economy?
Based on these limitations, VE will declare whether there are work such in the national economy that people can still perform. Remember, VE is not the decision maker you argue for. The judge uses testimony from a professional expert along with medical and other evidence to determine whether you are disabled in the statute.
Limitations and their significance to work
Here are some examples of how career experts view specific restrictions:
If you are limited to standing/walking, you may be limited to sitting work only, which usually means sitting most of the time. Examples include:
- Call Center Operator
- Data entry clerk
- Assembly work done at the station of seats
However, if you also need to replace positions frequently, you can further reduce the number of available jobs.
If you can only lift 10 pounds, this usually also puts you in the sedentary category. Many mild or moderate levels of work may require lifting, usually up to 20 to 50 pounds. Limiting the ability to boost may narrow down the types of work you can perform.
Why is the testimony of professional experts important
Career experts are not sure if your claim will be approved, but their testimony plays a crucial role in whether a judge can work. If VE says your limitations have no work available, then this strongly supports your claim.
On the other hand, if VE says there is a similar job that people can still do, your attorney will have the opportunity to cross-examine VE. This involves questioning the reliability of the job number, the current level of the data, or whether the job described is truly in line with your physical and mental limitations.
That's why experienced disability lawyers are crucial – we know how to challenge VE testimony when necessary.
We can help ensure the benefits you need
Career experts are neutral witnesses who provide important insights into the types of jobs for people who still have certain limitations. Their testimony is based on real-world work data, employers’ expectations, and specific physical and mental abilities required for various jobs.
Among the disabled attorneys in Michigan, we have extensive work experience preparing and cross-examined professionals. We strive to make sure that records accurately reflect your actual limitations and struggle to ensure that the right questions are asked and you are answered.
If you need help with the initial application or appeal, please contact us immediately or call our office at 800-949-2900 for a free case assessment.
