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A disability hearing vocational expert (VE) testifies before the Administrative Law Judge (ALJ) at an appeal hearing. The VE is an impartial witness who shares their expert opinion about the type of work you can do (if any) with your current medical condition. The scope of their testimony is limited to your ability to perform meaningful work.
If you applied for disability benefits and received a denial, a North Carolina Social Security Disability lawyer can help you file a well-documented, effective appeal.
They can also clarify what a disability hearing vocational expert is and how their testimony could affect the outcome of your appeal. A local law firm will accept your Social Security Disability (SSD) case on a contingency fee basis.
When and Why Is a Hearing Before an Administrative Law Judge (ALJ) Necessary?
If you appeal a denied application for SSD benefits, you will go before an ALJ at the second appeals phase, called an Administrative Law Judge hearing.
At this hearing, the ALJ will:
- Review the original decision on your application
- Ask questions of you and other witnesses you bring
- Hear testimony from a medical vocational expert
You do not have to prepare for the hearing or attend it alone. If an SSD lawyer represents you, they will accompany you and guide you through the hearing from start to finish.
What Will the Disability Hearing Vocational Expert Say to the ALJ?
The VE will speak at your hearing only when requested by the ALJ. They will testify under oath about the following facts of your claim:
- An assessment of your vocational history
- Describe the physical demands of your previous employment
- Describe the cognitive demands of your previous employment
- Describe your skill levels, education, and specialized training
- Define the types of jobs you could do given your current condition
- Define the availability of any such employment opportunities in the current labor market
The VE’s testimony can play an important role in your appeal. The ALJ will weigh it, along with other evidence and testimony, to reach a final decision on your application for disability benefits.
How Do Disability Vocational Experts Testify?
VEs often give their expert testimony via phone but could do so in a video conference call or at an in-person hearing. A VE could also testify in writing via interrogatories. Your disability attorney will explain the entire appeals process and how the VE in your specific case will testify.
What Can You Do if the ALJ Denies the Application After the VE Testifies?
The ALJ hearing is the second step of SSA’s four-step appeals process. The first step is Reconsideration, during which a new set of eyes will review your initial application. If they agree with the initial denial, it will go to the second phase.
If the ALJ agrees with the decision made in the previous steps, you will move to the third step, the Appeals Council Review. The Council will review the ALJ’s decision. If they agree with it, they will take no further action. If they disagree, they may send your claim back to the ALJ for additional review.
The final appeals step is a Federal Court Review. This is essentially a civil lawsuit filed against the federal government. An experienced disability lawyer can represent you at every step of the appeals process.
Do You Need a Lawyer to File an Appeal?
Having an attorney to help you with the hearing process is not mandatory — you can represent yourself if you choose. However, there are many benefits of having a lawyer represent you, and statistics show that your chances of a favorable decision are greater when you have an experienced lawyer helping you. They can:
- Review the reason for your claim denial
- Document your eligibility for SSD benefits
- Gather supportive medical evidence
- Meet all notification and filing deadlines
- Advise you on what to say during your disability appeal
Your attorney can also keep you updated on your application and its progress. They can answer your questions and handle all claim-related communication on your behalf.
Is it Worth Hiring a Social Security Disability Attorney?
It costs nothing out of your pocket to get legal support for your claim. SSD lawyers work on a contingency fee basis. They will cover all the costs of preparing your case and represent you without requesting a retainer or charging hourly fees.
Instead, they receive compensation when you do, and you will not owe any fees if you do not receive disability benefits.
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Do Disability Hearing Vocational Experts Testify for SSI or SSDI Appeals?
VEs testify when requested by the ALJ during an appeal hearing. Applicants for Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) who receive a claim denial can file an appeal. That means a VE could be asked to testify about your work-related limitations.
Understand Both Social Security Disability Benefits Programs
Applying for the appropriate program is an important part of obtaining disability benefits when you need them. You should apply for SSDI benefits if you have the required number of work credits and participated in the Social Security Insurance program during your employment.
You should apply for SSI benefits if you can demonstrate a need because your financial circumstances and available resources are limited. In some cases, you could qualify for concurrent benefits (benefits from both programs simultaneously).
Get a Free Review of Your Disability Claim
The second step of the SSD appeal process involves a hearing before an ALJ, who can call an expert witness to testify about your ability to return to the workforce. This witness’s testimony may significantly impact your ability to collect benefits.
Learn more about what a disability hearing vocational expert is and how their testimony could affect your appeal. Contact one of our consultation team members at Farmer & Morris Law, PLLC to start fighting for the benefits you need and deserve.
