20 October 2018
 Categories: Law, Blog

Many people who are unable to work at their jobs get turned down for benefits. The Social Security Administration (SSA) has high standards for qualifying for benefits and many people fail to properly demonstrate how their medical condition affects their ability to work. Fortunately, if you do get a denial from the SSA, you have the opportunity to appeal your case before an administrative law judge (ALJ). Read on to learn more about this appeal hearing and how the testimony of a vocational expert can make or break your case.

Vocational Experts

Present at your appeals hearing is an expert witness. This person works for the SSA but is expected to provide unbiased testimony nevertheless. The vocational expert (VE) is trained in job skills and will testify under oath. They can name, for example, the specific skills, tasks, and abilities required to perform any type of job. If your former job involved driving a forklift, they will be able to say that job involved the ability to climb, to use hands, fingers, legs and feet, to see well, etc. These experts are present at all appeal hearings and their opinions are highly valued.

Understanding Your Job Skills

Often, the reason your application was denied centers around the gap in the way your medical condition affected your ability to do your job. For example, if your previous job involved administration duties and your medical condition involved back problems, your application might be denied. It may not be obvious at first glance how a desk job cannot be performed when you have back problems. That is where the VE and their testimony comes.

What Happens at the Hearing?

The administrative law judge (ALJ) will question you about the details of both your medical condition and how it affects your ability to work at your job. The VE will also provide an opinion by stating that you either can or cannot perform at your job given your limitations.

What About Other Jobs?

Even if you cannot work at any of the specific jobs you've held in the past, the VE will also give an opinion as to what you might still be qualified and able to do in other similar jobs. If you have the skills necessary, your physical limitations allow it, and there are positions available in your geographical location, the expert may recommend that your appeal for benefits be denied.

Cross-examination of the VE

Fortunately, your Social Security attorney is allowed to question the VE. If the VE stated that you can do a certain job, your attorney's job is to convince the ALJ that you cannot do that job. In some cases, the VE failed to take into consideration all of your limitations or assumed you had skills that you don't have. In the instance of the administrative job above and the back injury, many administrative positions involve sitting for long periods of time, bending down occasionally, and other movements that a person with a back injury cannot perform. As long as your attorney can challenge the opinion of the VE, there is a chance that the ALJ will rule in your favor.

It's foolish to appeal your denial without the expertise of a Social Security attorney, so speak to one today and get the social security insurance benefits you need.