DISQUS

Colorado Social Security Disability Benefits Law: What does the “Vocational Expert” at a Social Security Hearing Do?

  • SoA.D.D · 1 year ago
    I just had my hearing on wednesday. I have Always been depressed as far as remembered. I have anxiety disorder as well as bipolar disorder, o.c.d & other issues. including the fact I am a recovering meth addict (2 yrs clean) Feb,8. 2006 I overdosed on liquid morphine. I died. After an 8 hr coma I awoke. I have brain damage now, I was not supposed to live!
    -My point: During my hearing the questions directed at me where surrounding the facts of my past meth use. If I can take care of my daughter. things like this. I was not asked once about my time in hospital, how i have to write Everything down or i go in circles, or how everyday (even with the help of prozac) that I cant help but feel I am a wasted space! I am scared because I did not get a chance to spit out the things I was NOt able to remember that effect my life everyday! i fear after waiting 2-1/2 years that this hearing probably got me nowhere. at the end the ssi lady named off a couple things saying Un-skilled light... then after all she mentioned maybe light night janitorial. I am trying to have my attorney somehow submit the important info that was left out, before her decision is made. Think I can re-do the hearing/have a chance to submit documents to judge?
  • TomaszStasiuk · 1 year ago
    Dear SaA.D.D.

    Thank you for taking the time to comment.

    You mention that you have a lawyer. Talk to him or her. Your lawyer is on your side and is in a much better position to answer your questions.

    Generally, there are no "do-overs" with hearings. But yes, some judges will allow you to provide "supplemental evidence" even after the hearing.

    If you feel you were not able to tell the judge what you wanted her to know, it possible to request a "supplemental hearing." But, I do not think the chances of the judge approving that would be too high. Again, talk to your lawyer about this.

    If you feel that there were things that were left out, you could discuss those in a letter to the judge.

    The main thing is that you have a lawyer who knows you and knows your case. Talk to your lawyer to discuss your options.

    Good luck!
  • Luiz · 1 year ago
    "Think I can re-do the hearing/have a chance to submit documents to judge?"

    Maybe. But be prepared to submit additional post-hrg evidence from your treating source about the dysfunction caused by the non-exertional impairment, since the GRIDs can not be used when non-exertional impairments are eleged. It will used, if your atty. file an appeal. Falls Church LOVES remands based in newly submitted evidence.
  • robin · 5 months ago
    i had a hearing about a month ago,the vocational expert said there was no work in the united states i could perform and not even my past job .do u think that help me win my case.
  • TomaszStasiuk · 5 months ago
    That's great! However, the judge at the hearing typically asks the vocational expert several questions -- several hypotheticals. If the vocational expert said there was no jobs for *any* of the hypotheticals, then I would say it looks good.
    I will keep my fingers crossed for you. Good luck!
  • walter woodward · 5 months ago
    I recently had a ssa before judge ivar avots in SC. The vocational expert stated in 2 of the 3 hypotheticals that there was work for me. In the 3rd he told the judge the was no work for me to do. The judge gave me an unfavorable ruling. It took me 34 months to get a hearing from the time I signed up for ss. So I guess the vocational expert was not heard because he slept through most of the hearing. It really bad when you are told there's no work for you but the judge thinks there is. Judge avots denial rate has rose in the past 2 years. I guess ssa told him to slow down on his approval rate. Don't know what my lawyer has in store but I'm waiting to hear.
  • TomaszStasiuk · 5 months ago
    It all depends on which hypothetical the judge ends up using. At almost every hearing I have seen, one hypothetical allows some work, one precludes all work and one is somewhere in the middle.

    Just because one hypothetical resulted in the vocational expert saying there was not work, does not mean the judge will use that hypothetical in making his/her decision.

    Good luck on the appeal.
  • Disgruntled · 2 months ago
    Disability is not a choice. Pain causes mental anguish and is hard to deal with if not impossible to deal with at a job. When people have had enough, their mental anguish resorts to violence. If you've got nothing left, you've got nothing to loose. The system needs to get its head out of its rear end and get moving toward a solution.