- DISABILITY CLAIM FAQ
Regardless of the reason why an Administrative Law Judge (“ALJ”) has a vocational expert (“VE”) testify at a hearing for Social Security Disability (“SSD”) benefits, a claimant should consider retaining their own VE.
I represent a former carpenter with hand and shoulder impairments, whose SSD application was approved following an Appeals Council remand. His case turned on a report submitted by his VE.
The Social Security VE at the hearing testified that while the claimant only had use of his left hand and upper extremity, he could do jobs, such as working as a parking attendant and toll collector. I got the VE to admit that her testimony was not based on the Dictionary of Occupational Titles. Furthermore, I persuaded the ALJ that it was poor reasoning to assume that a person without use of their dominant upper extremity could be trusted to park cars safely, or grab money and operate a cash register with one hand.
The claimant’s VE, who has also worked as a VE at SSD hearings, had submitted a report concluding that the claimant was incapable of any full time work due to his impairments. The ALJ gave greater weight to the claimant’s VE, than to the hearing VE. Importantly, that means that the ALJ gave some weight to the hearing VE. Therefore, in the absence of the claimant’s VE, his SSD claim would have been denied.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou