What is a "Vocational Witness" for Social Security Disability?

Should you be concerned if the vocational expert witness at your hearing identifies multiple jobs that you might be able to perform?

As you know, the main issue in your Social Security disability case has to do with whether you could reliably perform any job, even a simple, sit-down, entry-level position.

The judge in your case will read the medical evidence and listen to your testimony, but the law requires the judge to consult with a vocational expert to understand how medical problems impact the availability of work.

The vocational experts that appear at disability hearings are not there to hurt you or to help you - they only offer testimony based on “hypothetical person” questions posed to them.

If the judge’s question describes a hypothetical person with severe debilitating limitations on functioning the vocational expert will likely testify that no jobs exist.

But if the judge’s question describes a hypothetical person with mild limitations the vocational witness will likely be able to identify several jobs that such a person could perform.

Understand as well that whatever decision the judge arrives at will be reviewed by senior personnel at the Social Security Administration. So many judges will formulate multiple hypothetical questions to show that they have considered a variety of possibilities.

Generally speaking if the judge asks only one “hypothetical person” questions to the vocational witness and the answer is “no jobs” there is a very good chance that you have won.

If the judge asks multiple “hypothetical person” questions to the vocational expert and some of them produce a “no jobs” response while others produce a list of jobs, you won’t necessarily know which question reflects the judge’s real conclusions about your work capacity.

As an experienced lawyer, I can often “read between the lines” to identify what the judge is likely thinking but I am sometimes surprised.

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