Social Security Disability Lawyer Blog

The vocational expert program was founded in September of 1962. Vocational experts are independent parties that remain objective and impartial when expressing their opinions. A vocational expert's role at your hearing is to help the Administrative Law Judge determine if you can still work in jobs you've performed over the last 15 years or if you are capable of working in any other jobs that are available in the national economy. Their job is to discuss the jobs available to you and how your condition impacts your ability to obtain and perform those jobs. Vocational experts typically review 15 years of your work history prior to testifying about your work abilities.

The training and qualifications of vocational experts vary widely. Some vocational experts have a background in psychology or counseling, while others have a background in vocational education or rehabilitation.

Why Are Vocational Experts Needed?

It is not required that vocational experts be present at Social Security Disability hearings, but many Administrative Law Judges prefer to have them aboard. Administrative Law Judges may want a vocational expert to testify at your hearing because he doesn't feel that your testimony alone will be sufficient or he has several unanswered questions about your case. The judge will use the vocational expert's answers to determine whether or not you're still capable of working. If the vocational expert determines that you are capable of performing some type of work, you will be found ineligible for disability benefits.

If you receive a notice in the mail that a vocational expert will be present at your Social Security Disability hearing, it could also mean that the judge decided you aren't capable of performing any work you've performed in the past because of your impairment. Therefore, the judge is probably seeking the advice of a vocational expert to determine whether you're capable of performing other types of work.

Vocational experts typically obtain information about your disability by reviewing your records prior to the hearing, listening to your oral testimony and the testimonies of your witnesses, and observing your behavior throughout the hearing. Through observing your communication skills, appearance, responsiveness, physical capacities, etc. a vocational expert will be able to evaluate the severity of your disability. The vocational expert's testimony will come last at the hearing since he will need time to accumulate as much information about your case as possible.

How Disabilities Are Evaluated

In the VA Disability program, compensation rates are based on a percentage disability rating. Therefore, if you are partially disabled due to an injury you sustained during active military duty, you will still receive compensation. On the other hand, the Social Security Disability program is all or nothing, so you are considered either disabled or not disabled under the program. That means you are awarded 100% of your benefits or nothing at all.

Program Funding

The VA Disability program is not considered an insurance program, so it is not funded by taxes that are paid by military personnel. The VA Disability program is funded by a specific VA budget, where as the Social Security Disability program is funded by taxes that workers pay under the Federal Insurance Contributions Act and the Self-Employment Contributions Act.

Role of Physician

In the Social Security Disability program, your treating physician's opinion carries a lot of weight in Social Security's evaluation of your claim. On the other hand, in the VA Disability program, your physician's opinion does not matter as much because no particular evidence is given deference.

Claims Process

Generally, the process of applying for benefits through the VA Disability program is far less time-consuming and complicated than the process of applying for benefits through the Social Security Disability program. There are several steps one must take in order to file a claim with Social Security and those who fail to have their initial claim approved must file an appeal. If their appeal fails, they have to ask for a hearing. It's not unusual for the whole process to take at least a couple of years.

Conversely, the process of applying for benefits through the VA Disability program is fairly simple. First, you need to prove that you are a military veteran who did not leave the military because of a dishonorable discharge. Then, you need to prove that your injuries were sustained during military duty. Once it's determined that you're eligible for benefits, a VA representative will review your records to make a disability rating decision.

Does Getting Benefits in One Program Help You Get Benefits in the Other?

If you were approved for benefits under the VA Disability program and have a high disability rating, there's a strong likelihood that your Social Security Disability claim will also be successful. If you are approved for benefits under the Social Security Disability program, however, the VA Disability program may not give Social Security's decision much weight since it might not be clear whether the disability is connected to your military service. Nevertheless, you should provide your Social Security Disability File to the VA because it could serve as evidence for your claim.

Need to Apply for VA Disability and Social Security Disability?

That being said, there's no reason to be overly anxious about your hearing. Social Security Disability hearings are short; they typically last anywhere from 15 minutes to an hour. Unlike court appearances, the hearings take place in an office-like setting or sometimes even at a bank or hotel. You will sit at a conference table, and a recorder and microphones will be used to tape the hearing. The only people who will be present at your hearing are you, the ALJ, an assistant (who operates the tape recorder), your lawyer, and possibly one or more expert witnesses. Social Security Disability hearings are small and there are no spectators, so you'll probably find it easy to relax.

The hearing typically starts with the ALJ introducing the case and admitting the case file as evidence. The ALJ will then start questioning you or request your lawyer or representative to do the questioning. Although medical records and statements from your physicians will carry the most weight in the ALJ's evaluation of your case, your testimony will also be taken into account. Make sure that your answers to the ALJ's questions are honest and forthright. Don't exaggerate any limitations caused by your disability. The ALJ holds multiple hearings on a daily basis, so he'll most likely notice if you try to exaggerate your condition.

Subjects that the ALJ will question you about include your background, past work experiences, and medical problems. Every judge is different, so the questions asked will vary, but there are several questions that you should be prepared to answer because they are the most frequently asked. It's better to practice answering some of these frequently asked questions beforehand, so you don't find yourself fumbling to answer them at the hearing:

• What medications are you currently taking?
• What side effects do those medications cause?
• What jobs have you performed in the last 15 years (name of employer, job title, dates of employment)?
• What is the main reason why you cannot work?
• How long can you continuously sit? What happens if you stay seated for longer than that?
• How long can you continuously stand? What happens if you stay standing for longer than that?
• How long or far can you walk? What happens if you walk longer or farther than that?
• Do you need an assistive device to walk?
• Do you have a driver's license? If so, approximately how many hours do you drive per week?
• How often do you leave your home?
• Do you experience pain? Where in your body do you feel pain?