There is always a vocational expert (VE). This professional is called by the judge to provide expert opinion about the claimant's past work and also about other work that exists in the national economy. This expert will testify in terms of technical matters, such as DOT codes, SVP factors, etc. If you are unrepresented, you will be at a real disadvantage. There are questions that must be asked of this witness. Failure to adequately challenge the VE's testimony may cause the case to be lost with all the benefits.
The second witness that may appear at your hearing is a medical expert, usually an MD or a psychologist. Not all hearings will use a medical expert, but some will. This individual has been called to address the judge's questions about your medical conditions, their severity and whether or not they meet one of the Listings. The judge may also ask the doctor what limitations you have on the ability to work an 8-hour day. Again, unfavorable testimony needs to be challenged by someone who knows how to do so.
I hope you see that walking into a hearing unrepresented and trying to handle these experts by yourself is a really bad idea. I have attended hundreds of successful hearings where I am convinced that if no claimant representative had been present the decision would have been unfavorable.
Here are common questions the judge will pose to the vocational expert:
- Please classify the claimant's past relative work.
- Are there any transferable skills?
- If the claimant were limited to light exertion level, would any jobs be available?
- If the claimant cannot perform his past relevant work, what other jobs may be available, based on my hypothetical questions?
- Does the claimant meet or equal any listed impairment?
- Would you summarize the claimant's medical record?
- In your opinion, does the medical record support the claimant's complaints of pain or other symptoms?
If you are about to face one of these hearings, it is imperative that you get legal help in dealing with these experts.
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The Forsythe Firm
Huntsville, AL
PHONE (256) 799-0297
SOCIAL SECURITY JUSTICE WEBSITE
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