how does the attorney cross examine ve at disability hearing video

Cross-Examination of the VE If you are represented, your attorney will be allowed to ask the VE follow-up questions after the ALJ has finished asking questions. Your attorney will try to rule out the jobs that the VE stated someone with your limitations could do, often by including some limitations that the judge left out of the hypothetical.

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What happens after the judge takes your testimony?

What happens when the judge stops at the first scenario?

How does the VE know what jobs I did in the past?

Why does the VE come back with some jobs that the person can do?

What is scenario 2 in a medical record?

What does the VE have to show?

How long does a judge have to keep the record open?

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What happens at a video hearing for disability?

In a video hearing, the applicant and his or her representative appear at a specified location, often a Social Security hearing office near him or her. The ALJ will appear remotely by video. The ALJ will be able to observe your demeanor and behavior, even zooming in and out when necessary.

What questions do they ask you at a disability hearing?

Questions You Should Expect To Be Asked During A Social Security Disability HearingWhat is your formal education?Do you have any vocational training?Are you currently working?What was your last job and what were your job responsibilities?Have you tried working since you became disabled?More items...

How do you answer a disability hearing?

Tips When Answering Disability Judge QuestionsBe direct and concise. ... Be Honest – Even if you think your answer might harm your case. ... If you don't understand a question, ask for it to be repeated. ... Be prepared. ... Contemplate your answers to key questions.

How long does it take to get a decision from a disability hearing?

Following a disability Hearing, you will generally receive a written decision within 60 days.

What can you not say at a disability hearing?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

How do I prepare for a disability phone hearing?

Five Tips to Prepare for Your HearingReview your file. You need to review your application, your medical records, and any correspondence with the SSA. ... Prepare a cheat sheet. ... Provide recent medical records. ... Obtain a written doctor's statement. ... Retain an attorney.

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

How do I prepare for a disability interview?

Prepare for your disability interview: tips from Social SecurityDates you last worked;The names, addresses, phone numbers, and dates of visits to your doctors;The names of medications that you take and medical tests you've had; and.Marital information.

What is the maximum back pay for disability?

12 monthsSSD benefits can potentially be received back to the year prior to the application date. This means you will receive a maximum of 12 months of back pay benefits.

What happens after you get a fully favorable disability decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

How long does it take to get disability back pay once approved?

within 60 daysIf you were approved for SSDI, you should receive the entire amount of back pay at once, hopefully within 60 days of approval. If you are receiving SSI and have substantial back pay, you may receive three different installments, six months apart.

What are the most approved disabilities?

Disability and Disease Approval Rates According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest, at between 40-47%.

How would you describe pain to a disability judge?

Pain is often hard to describe, but you should do your best to relate your pain as specifically as possible to the judge. This would include telling the judge what type of pain you experience (burning, stabbing, etc.), how often you experience it, and how you would quantify it (for example, on a scale of 1 to 10).

Why is it so hard to get approved for disability?

Social Security disability applications face an overwhelming 70% denial rate upon initial evaluation. That is a huge number but it is based upon several very different factors, such as applying for a condition that does not meet the criteria or lack of proper medical documentation.

How do you win a disability case for mental illness?

Social Security Disability Benefits for Mental Ilness: 7 Keys to...Get Specialized Mental Health Care for Your Mental Illness. ... Comply With Prescribed Medical Treatment. ... Get Doctor Support. ... No Substance Abuse. ... Demonstrable Evidence of Profound Mental Illness Symptoms. ... Meet or Equal the Listing Level for Depression.More items...•

cross-examining the social security vocational expert Archives - Real ...

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Cross Examining a Vocational Expert - Legal Guides - Avvo

I. INTRODUCTION: Effective cross-examination of the vocational expert is one of the most important tools in the arsenal of an effective Social Security representative. After presenting the medical evi

How Cross-Examining A Vocational Expert Can Win Your Social Security ...

1490 Lafayette St, STE 400 Denver, CO 80218 [email protected] Phone: (720) 515-9012 Fax: (720) 316-6655

Cross-Examination of the Vocational Rehabilitation Expert By Frank ...

Dr. Lynn Mizzy Jonas is a plaintiff's Vocational Rehabilitation Expert with impressive credentials. Normally the defense calls a Vocational Rehabilitation Expert as a witness to counter the Plaintiff's claims of inability to obtain gainful employment.

The Importance of Cross-Examining the Vocational Expert about ... - Blogger

Judge: Madam VE, I would like you to assume the following about a hypothetical Claimant 1. A younger individual, with limited education 2. Capable of light work, occasionally lifting 20lbs, and frequently lifting 10lbs.

Who calls a vocational expert to testify at your disability hearing?

The ALJ Calls a Vocational Expert to Testify at Your Disability Hearing But Asks No Questions

What Information Will the VE Receive Before the Hearing?

The ALJ will often provide the vocational expert with relevant documents from your case file, which includes the Work History Report the SSA asks you to complete soon after you file your initial application for benefits.

What is a Vocational Expert?

A vocational expert is a vocational professional whose job is to provide evidence at disability hearings before an ALJ.

What is the ALJ hearing?

The administrative law judge (ALJ) presiding over your disability hearing may obtain Vocational Expert (VE) testimony to make a decision at Step 4 and Step 5 of the analysis. At Step 4 the ALJ must determine whether you have the physical and mental capacity to return to any of the jobs you performed in the fifteen years before you filed for disability benefits. And at Step 5 the SSA has the burden of demonstrating that jobs exist in significant numbers in the national economy that you can perform in light of your age, education, acquired job skills, and physical and mental limitations.

Why is vocational expert testimony problematic?

Vocational expert testimony at Social Security disability hearings is problematic for several reasons. First, vocational experts are supposed to be impartial. They do not work for the SSA. Unfortunately some seem to forget this and think that their role is to please the ALJ and find jobs no matter what.

How does an ALJ decide on VE testimony?

The ALJ decides the manner in which VE testimony is given: in person, by phone, by video, or by responding to written interrogatories. Live testimony is the preferred method, but ALJs may use written interrogatories.

What does an ALJ need to determine?

The ALJ needs to determine if your medical impairments keep you from performing your past relevant work.

What to do if your disability is denied?

If your disability claim is denied because Social Security says there is "other work" you can do (rather than your past work), you'll need to request an appeal hearing in front of an administrative law judge (ALJ).

What do you do when a VE testifies?

If the VE testifies that there is suitable other work you can do, he or she must give the title of the job, provide the number assigned to the job in the Dictionary of Occupational Titles (DOT), and provide the number of the job positions in your area.

What should an attorney ask about physical requirements?

Your attorney should ask the vocational expert to explain in detail the physical requirements of the jobs he or she named to see if any of the jobs can be eliminated based on your specific symptoms and limitations. In describing the named other work, the VE may leave out some requirements that are listed in the Dictionary of Occupational Titles. Your attorney should be able to spot any omitted requirements in the job description that make the job unsuitable for you due to your physical limitations.

What does a vocational expert state?

The vocational expert must also state the number of positions in the local and national economy for that job, and the job must exist in significant numbers in either the national or local economy. If the VE states there are only a few thousand jobs nationally, your attorney should raise that point. For more information, see our article on how challenging the VE's number of jobs as insignificant can lead to being found disabled.

What should an ALJ ask a VE?

The administrative law judge (ALJ) and your attorney (if you have hired one) should then question the VE about how your documented limitations would affect the ability to perform the named jobs. Your attorney's goal is to elicit testimony from the VE that you cannot, in fact, perform any of the named jobs in light of your impairments.

Can a conveyor tender work with numbness?

The claimant's attorney then asked whether someone with numbness in the upper extremities would be able to work as a conveyor tender or operator as the job was generally performed. The VE testified that the claimant could not perform the work because the numbness could cause inability to handle and move objects.

Can you do your past work at an ALJ hearing?

At your disability hearing, if the vocational expert (VE) states you can no longer do your past work, the ALJ will ask the VE a series of questions based on your medical record and your testimony to determine if there are other jobs that you can do. Your disability claim may be denied again if the vocational expert at your hearing names other jobs you can do.

What questions do you ask at a disability hearing?

At your hearing, the judge, and your attorney or nonattorney representative (if you are represented) will ask you questions about your disability and questions about your work history. The vocational expert will then classify each of your relevant prior jobs to determine whether you can do your past job, and if not, what transferable skills you have.

How to avoid losing a disability hearing?

To avoid losing your hearing based on the VE's testimony, consider hiring an experienced disability lawyer to represent you in your appeal hearing.

What happens if the VE testifies that you can no longer do your past work?

If the VE testifies that you can no longer do your past work, the ALJ and your representative will then ask the VE more hypotheticals to see if you can do any other jobs. A hypothetical for a person with severe spinal stenosis may look like this:

What does a VE testify about?

The VE will then testify as to what jobs, if any, a person who has the work-related limitations described in the hypothetical could do. If the VE believes there are jobs the hypothetical person can perform, he or she will state the job titles, their codes, and the number of the jobs (including filled positions) in the area near where you live. If the VE testifies that there are still jobs the person can do despite having your work-related impairments, your claim will be denied.

What is the most important part of a C laimant hearing?

This is the most important part of the hearing: the cross-examination of the vocational expert. If you don't challenge the VE's opinion on what jobs you can do, you'll likely lose your hearing. Recent government statistics show that c laimants are approved for benefits less often when there is a VE at the hearing (80% as often as claimants without a VE at the hearing.)

What is a vocational expert?

A vocational expert (VE) is an "expert witness" called by the Social Security Administration (SSA) to testify at your disability appeal hearing. A VE knows about job availability in the current labor market and the skills needed to perform certain jobs. A VE is present at about 85% of disability hearings.

Can an attorney ask a VE question?

If you are represented, your attorney will be allowed to ask the VE follow-up questions after the ALJ has finished asking questions. Your attorney will try to rule out the jobs that the VE stated someone with your limitations could do, often by including some limitations that the judge left out of the hypothetical. Your attorney's goal is to try to get the VE to say that there are no jobs available that you can do.

What can a claimant's attorney ask a disability hearing vocational expert?

The claimant’s attorney has the opportunity to cross-examine the VE and ask the disability hearing vocational expert questions about their conclusions. For instance, they may ask about their sources to find out if they are outdated. If this is the case, the judge may disregard their testimony.

Why is There a Vocational Expert’s Testimony At My Disability Hearing?

The testimony of the vocational expert may be the single most important part of the hearing. They provide expert opinion on what jobs you would be able to do even with limitations. They will look at your work history and any skills you have which are transferable to a new job.

What does a VE do?

The VE provides an expert opinion on whether you can continue in your previous job. If you are unable to perform that work, they must answer questions on what type of jobs are available for someone with your experience and education and with your limitations. For example, if the doctor limited you to lifting ten pounds, they would specify what jobs require minimal or no lifting.

We Put Our Background Knowledge to Work for Our Clients

Lawyers at our firm have heard Social Security expert witnesses testify over and over at our clients’ hearings. We know who the experts are, we understand how they think, we are familiar with their biases, and we can often predict how they will testify at our clients’ hearings.

How We Cross-Examine Experts

Although every situation is unique and calls for special tactics and approaches, we follow a few general rules of cross-examination. For example, we believe in:

What procedure does an ALJ use to ask questions?

If the claimant asks to question a medical or vocational expert who has responded to interrogatories, the ALJ will use the procedures in HALLEX I-2-5-44 or I-2-5-58 , as applicable. If the claimant requests an opportunity to question any other author (s) of posthearing evidence, the ALJ will evaluate whether questioning the author is necessary to inquire fully into the matters at issue. If it is necessary, the ALJ will determine whether to conduct the questioning through live testimony or written interrogatories. Generally, an ALJ will not use interrogatories when there may be difficulty anticipating the questions that will arise.

What to do if a claimant is unrepresented?

If a claimant is unrepresented, HO staff will usually prepare a proffer letter to the claimant (modifying the letter as necessary) and send the original proffer letter and a copy of the new evidence to the claimant.

Can an ALJ examine the evidence in the HO?

If the claimant is unrepresented, the ALJ will give the claimant the opportunity to examine the evidence in the HO or, if more convenient to the claimant, in the servicing field office (FO). See HALLEX I-2-7-30 C below for instructions on proffering through the FO. Although the claimant has a right to examine the evidence, any HO staff involved with presentation of the evidence to the claimant will make all reasonable efforts to ensure that a relative or friend accompanies the claimant.

Does a claimant have the right to examine evidence?

Although the claimant has a right to examine the evidence, any HO staff involved with presentation of the evidence to the claimant will make all reasonable efforts to ensure that a relative or friend accompanies the claimant.

Can an ALJ share evidence with a claimant?

In the modified letter, the ALJ will recommend that the representative not share the evidence with the claimant due to a possible detrimental impact on the claimant's health and that the representative discuss the evidence with the claimant only in general terms. If the claimant is unrepresented, the ALJ will give the claimant ...

What happens after the judge takes your testimony?

After taking your testimony and asking all the questions he had for you, the judge will then turn to the VE to ask questions about your ability to work.

What happens when the judge stops at the first scenario?

But when the judge chooses to stop at the first scenario or leaves something important from your doctor’s RFCs out, that’s when we pounce and we start crossing the VE with additional restrictions and limitations until the VE says “ no jobs “.

How does the VE know what jobs I did in the past?

Remember the “ Work History Report ” form you completed when you first filed your claim?

Why does the VE come back with some jobs that the person can do?

The VE in this situation often comes back with some jobs that the person can do because these restrictions are not that, well, restrictive.

What is scenario 2 in a medical record?

Scenario 2. This is where the judge will use the same “individual” and same age and will use some of the restrictions he finds in the medical records. He will often use Scenario 1’s facts but will add more restrictions here to see if the VE will still find jobs.

What does the VE have to show?

The VE will then have to show that there are enough of that particular job in the “ national economy ” to prove that this job is an option for you. If the job is such that there are only 10 jobs available in the entire country, then the VE will likely say, “ no jobs “.

How long does a judge have to keep the record open?

And if you see that at the hearing the VE is finding jobs no matter which restrictions you add to the scenario, you will need to ask the judge to keep the record open for a week or so before you leave the hearing room.

Vocational Expert's Testimony About Other Work

• At your disability hearing, if the vocational expert (VE) states you can no longer do your past work, the ALJ will ask the VE a series of questions based on your medical record and your testimony to determine if there are other jobs that you can do. Your disability claim may be denied again if the vocational expert at your hearing names other jobs ...

See more on disabilitysecrets.com

Challenging The Requirements of Suitable Other Work

Challenging Other Work Because of Lack of Skills

Challenging The Number of Positions of Suitable Other Work

Should I Get A Disability Attorney?