Guiding You Through the Disability Maze
During Social Security disability hearings, the Social Security Administration (SSA) often calls on vocational experts to help the administrative law judge reach a determination. Specifically, these experts help identify whether a claimant from Alpharetta would be able to perform any available jobs or whether the claimant is totally disabled and should be receiving disability benefits.
It is not uncommon for vocational experts to state that there is “other work” a claimant could perform and that benefits should therefore not be paid. However, the opinion of the vocational expert is just that, and it may be refuted in the hearing.
Challenging a vocational expert’s determination at an Alpharetta Social Security disability hearing requires certain preparation in order to succeed, though. To that end, many claimants find it helpful to work with an attorney experienced in appealing Social Security disability denials when at your SSDI hearing.
In order to meet the SSA’s qualifications to receive disability benefits, applicants must suffer a total disability that renders them unable to perform any “substantial gainful activity.” As part of the process of determining applicant eligibility, the SSA’s Office of Hearings Operations employs outside vocational professionals to review evidence and testify at hearings regarding an applicant’s ability to work.
During a hearing, the vocational expert will answer questions from the administrative law judge, as well as questions from the applicant or the applicant’s attorney, based on the Residual Functional Capacity Assessment (RFC) they previously completed and submitted to the judge. Unfortunately, although vocational experts are supposedly brought in to provide impartial testimony, they often answer in a way that supports the SSA’s earlier determination that an applicant is able to engage in paid employment.
Because a vocational expert provides an opinion regarding an applicant’s ability to perform both their previous jobs and other potential jobs, they are supposed to be aware of numerous standards and conditions. According to SSA guidelines, vocational experts should know and consider:
These factors are to be taken into consideration before issuing an opinion. If an expert either cannot or has not considered a particular factor, that deficiency could be challenged in the hearing.
If a vocational expert reports that a claimant is able to perform other jobs, the expert is supposed to provide the job title based on SSA vocational references and report on the number of positions in the Alpharetta area. There must be a significant number of jobs, and the applicant must be qualified to hold these jobs based on past experience.
A dedicated lawyer could potentially challenge this opinion by asking the vocational expert how the limitations demonstrated through medical evidence affect the performance of the job or jobs described. More specifically, they could ask about the physical requirements of the job and be prepared to point out any requirements omitted by the expert. Skillful questioning may reveal that the disability substantially limits or prevents the performance of these jobs—if not on a permanent basis, then at least for a substantial period of time.
All applicants seeking Social Security disability benefits have unique backgrounds, different sets of skills, varying levels of experience, and different levels of disability. Vocational experts, by contrast, apply one set of knowledge to all the cases they consider. Just because an expert was able to show that one claimant had the ability to perform certain other jobs does not mean that this opinion holds true for other claimants they encounter.
Challenging a vocational expert’s determination at an Alpharetta Social Security disability hearing may be accomplished through many avenues, including challenging the expert’s understanding of job requirements, the limitations of the claimant, or the particular details of the claimant’s employment experience. An experienced attorney from our team may be able to provide valuable assistance in exploiting the weaknesses in a vocational expert’s determination.
There are many Social Security disability law firms throughout Georgia. What sets The Khaki Law Firm apart from the rest? Why should you choose us? We are honored to represent those who have worked hard most of their lives, but due to a mental or physical impairment are no longer able to maintain employment and earn an income.
Contact The Khaki Law Firm Today
With offices in Alpharetta, Atlanta and Marietta, we provide legal assistance to people throughout Georgia and the Southeast in all matters of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
We are ready to help you, and offer multiple ways to reach us.