You have a Social Security Disability (SSDI) hearing coming up, and naturally, you’re anxious. This is the hearing that will determine whether or not you qualify for benefits. What’s going to happen during the hearing, and how should you prepare?
During the hearing, you’ll interact with a vocational expert who helps the judge decide whether you’re able to work or not. Below, our New York Social Security Disability claims lawyers discuss what to expect during your SSD hearing.
What Is a Vocational Expert?
Vocational experts are special witnesses qualified by the Social Security Administration (SSA). Their job is to provide an unbiased opinion to help the judge determine whether you can work.
Vocational experts are not lawyers and are not “on the judge’s side,” as many SSD applicants believe. Their job is to be impartial and base their decisions only on facts.
These experts usually have substantial experience in vocational rehabilitation. They provide opinions based on the following:
- Their knowledge of how the SSA determines whether claimants are disabled
- A job market analysis and occupational trends
- Knowledge of vocational references, such as the Occupational Outlook Handbook, the Dictionary of Occupational Titles, and County Business Patterns and Census reports
- Knowledge of or experience with placing disabled individuals into jobs or vocational counseling
It’s important to note that the vocational expert does not make a determination on your SSD case. The judge will make the final call on whether or not you qualify for SSD.
How a Vocational Expert Determines Your Ability To Work
You won’t interact with the vocational expert during your hearing, but knowing what processes they use to determine your ability to work is still helpful. Here’s an overview of what will happen during your SSD hearing.
Assessing Your Job’s Exertion Level and Required Skills
When you made your SSDI claim, you might recall completing a work history that asked you about all the jobs you’ve done in the past 15 years. You had to answer questions about how much you stood, sat, walked, and lifted.
During the hearing, the vocational expert will look over the work history you provided and cross-reference it with the Directory of Occupational Titles (DOT). The DOT is a book of job classifications that outlines exertion levels and skill levels. It helps the vocational expert decide whether you can perform your job or similar work.
The DOT goes into detail on the following exertion levels:
- Sedentary work: This is the least demanding type of work (think desk jobs in an office). Sedentary workers spend much of their time seated and usually don’t lift more than 10 pounds.
- Light work: This is the next step up, requiring workers to stand, lift, walk, push, or pull. Light work involves significant walking or standing, frequent lifting or carrying of items up to 10 pounds, and occasionally lifting no more than 20 pounds.
- Medium work: Medium work involves regular stooping, grasping, and walking. It can include standing and walking for long periods and occasionally lifting items of up to 50 pounds.
- Heavy work: This category applies to physically demanding jobs, such as construction. Heavy work involves significant standing and walking, frequently carrying items up to 50 pounds, and occasionally lifting/carrying objects up to 100 pounds.
During the vocational assessment, the expert will also look at your job’s skill level. Again, they’ll reference DOT categories, which include:
- Unskilled jobs: These require no advanced education, and workers can typically learn them in under 30 days.
- Semi-skilled jobs: These require skills that can take up to six months to learn.
- Skilled jobs: These require extensive experience and training.
Weighing Your Abilities Against Those of a Hypothetical Worker
After reviewing your work history, the judge will ask the vocational expert to compare you with a hypothetical worker and what they would be able to do. For example, suppose you’re a 40-year-old man who has worked as a plumber for the past five years.
The vocational expert would consider what a hypothetical person with the same traits would be able to do, then weigh their determination against what you, personally, can do.
So, for instance, suppose this hypothetical person would be able to stand for long periods and lift heavy objects, but because of their disability, they can no longer do that. The expert would say that this person’s work capacity leaves them unable to perform their job duties.
Deliberating What Work You Can Do With the Judge
The vocational expert has decided you can’t do your current job, but that doesn’t necessarily mean you’ve won your case. The next step is to consider other jobs you might be able to do.
The expert will list three jobs, and for each, the judge will add employment limitations, such as “Can they stand for 20 minutes?” and “Are they able to walk for 50 feet without needing to rest?” These limitations will help the expert determine whether or not you’re able to do any suitable jobs.
If the vocational expert determines that you’re unable to work in any suitable jobs, the judge may decide that you qualify for SSD benefits.
How Social Security Disability Lawyers in New York Help You Prepare for Your Hearing
For the strongest chance of winning your case, here’s how to prepare:
- Hire a New York Social Security Disability lawyer and go over your claim denial form with them. Be sure that you understand why the SSA denied your claim. If your claim was missing information, bring it with you to the hearing.
- Gather current medical documents that support your claim and demonstrate your inability to work, including doctor’s statements and lab results.
- Inform your lawyer about anyone who could serve as a witness, such as co-workers and family members. Your doctor may be willing to testify as well.
- Practice answering questions the judge might ask you with your lawyer. The judge will likely ask you questions about your pain levels, the medications you’re taking, and your ability to stand, sit, walk, and lift.
Our Social Security Disability Lawyers in NYC Will Guide You on the Path to Benefits
Going through a SSD hearing can be scary, but you don’t have to face it alone. Pyrros, Serres & Rupwani assists with SSD denials and will walk with you through every step of your claim. To learn more, read our FAQ on types of workers’ compensation or call (718) 626-7730.
FAQ
How Much Is the Average SSD Benefit Payment?
In September 2024, the average monthly SSD benefit payment was $1,672.65. The current maximum payment in 2024 is $3,822 per month. Your benefit amount will vary depending on your age, your work history, and the type of disability you have.
How Many People Under 65 Are on Disability Benefits?
In the year 2024, approximately 13 million people under 65 were on disability benefits, compared to 55,737 people 65 and up in the same month.
How Many People Lose SSD Benefits Every Year?
The number of people who lose SSD benefits varies annually. In 2023, about 800,000 people lost benefits. Reasons for benefits termination may include recovery from one’s disability, earning too much money, or death.
How Do You Explain Your Daily Activities at a Disability Hearing?
When explaining your daily activities at your disability hearing, be specific to help the vocational expert make an accurate disability determination. For example, if you have trouble standing or walking for a long time, explain how that limitation affects your ability to work, do chores, and take care of your home.
