what if my attorney did not question the v.e. at my alj hearing

by Prof. Lucie Senger 6 min read

Can the ALJ talk to the VE before my hearing?

Whether your attorney or the ALJ can talk to the VE before your hearing. Whether the vocational expert has to testify live at your disability hearing. If you have questions about the Social Security process, or are looking for help from a top-rated Richmond disability attorney and Newport News SSDI lawye r, call me for a free consultation: 804 ...

What happens between the ALJ and vocational expert at my hearing?

Dec 08, 2012 · If the ALJ did not ask any questions, then that would be the correct time for the attorney to keep his or her mouth closed and get out of the room. Best case, the judge approves your claim. Worst case, the judge denies your claim, …

What happens if the VE is not present at the hearing?

Hi just had my hearing on 9/24/2012.Was not sure if i won my case or i lost my case.The ALJ didn’t ask any questions to the VE.And the ALJ didn’t let my lawyer give his closing argument.My lawyer said everything went well and everything was in my favored to win my case.The case lasted about 30mins just wanted to know is this normal for the ALJ not to ask the VE anything …

How does the ALJ decide how to testify at a disability hearing?

Sep 21, 2010 · I was denied twice and just finished going to see an ALJ. The ALJ asked me if I wanted to basically postpone my hearing to get a lawyer. I said no. The ALJ was nice and asked helpful questions. The VE was there. Everyone was sworn in. I gave my testimony. The ALJ did NOT ask the VE ANYTHING at all. So my big question is that a good thing?

Can an ALJ decision be overturned?

ALJ decisions are not binding legal precedent. Courts or federal agencies can overturn their decisions under certain circumstances such as where those decisions are unsupported by substantial evidence in the record.Nov 5, 2020

What is a vocational expert letter?

If you are sent a letter stating that the judge will have a vocational expert present at your hearing, it may mean he has decided that you cannot perform your past work with the limitations of your impairments. Therefore, the administrative law judge must now decide if you will be able to perform "other work".

What is the purpose of a vocational expert?

A vocational expert is an expert witness who knows about job availability in the current labor market as well as the skills that are needed to perform specific jobs. At a disability hearing, the Social Security Administration (SSA) often calls on vocational experts to testify.

How long does it take to get a decision after an ALJ hearing?

Unfortunately, there is no set time. Sometimes (rarely) an ALJ will announce a favorable decision at the hearing. Usually, however, it takes 2-3 months to get a decision. Sometimes it can take six months or longer.

How do you answer an ALJ question?

When answering an ALJ's questions, we recommend to our clients that they:Stay on subject and don't ramble.Be honest.Be prepared to explain any discrepancies that may be in their record.Don't be embarrassed or offended by the judge's questions.Be specific about their symptoms, treatment and limitations.More items...•Jan 22, 2020

What does vocational interrogatory mean?

By Melissa Linebaugh, Contributing Author. 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.

What is vocational experience?

Vocational experience is the work experience gained from hands-on practice, which helps the trainee master a skill, trade, or job. This kind of experience is often gained through apprenticeship.

What is a vocational rehab expert?

According to one source, “A Vocational Rehabilitation Expert is an authority in the areas of vocational rehabilitation, vocational and earning capacity, lost earnings, cost of replacement labor and lost ability/time in performing household services.Jan 3, 2018

What is medical interrogatory?

(ĭn″tĕr-rŏg′ă-tor″ē) In law, a written question sent by one party to another requesting information about issues, facts, backgrounds, and witnesses surrounding the allegations in a lawsuit. Link to this page: interrogatory

How far back does Social Security back pay?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

What happens after the ALJ makes a decision?

Once the administrative law judge has made his or her decision, the decision is actually written by staff decision writers at the hearing office and then reviewed by the judge. When the judge is ready to issue the decision, your disability file may be sent to the Social Security office from where it originated.

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter. As far as insurance is concerned, if you were approved for SSI, you will receive If approved for SSI, will receive Medicaid benefits automatically depending on the state you live in.Feb 1, 2022

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 you can do. If the VE testifies that there is su…
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Challenging The Requirements of Suitable Other Work

  • 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 omitt…
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Challenging Other Work Because of Lack of Skills

  • Another way to eliminate jobs named by the vocational expert is to show that you didn't learn the required job skills at your prior jobs. You do this by correcting the VE's understanding of what you did at your prior work. In addition, if you can prove that your impairment doesn't allow you to perform a certain skill, Social Security can't say that you could use an acquired job skill at anothe…
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Challenging The Number of Positions of Suitable Other Work

  • 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 insig…
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Should I Get A Disability Attorney?

  • Most disability claims are won at the hearing level. Although you are not required to hire an attorney to represent you at your hearing, an experienced disability attorney has the unique skills and resources needed to be able to successfully cross-examine the VE on the spot—for instance, after hearing the VE name some other jobs that you can do. In truth, the above recommendation…
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