Vocational Experts at Social Security Disability Hearings

Marilyn R. Donoff • August 24, 2025

Vocational Experts often determine the outcome of a Social Security disability hearing.

Vocational Experts at Social Security Hearings

When someone applies for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), the case often reaches a hearing before an Administrative Law Judge (ALJ). At this stage, ALJs routinely have a vocational expert (VE) testify at the hearing. See 20 C.F.R. §§ 404.1566(e) & 416.966(e). The VE provides testimony about whether the claimant has the capacity to work based on limitations proposed by the ALJ or the claimant's representative.


Duties of a Vocational Expert

A vocational expert is (at least in theory) a professional trained in vocational rehabilitation, labor market analysis, and job requirements. Their primary role at the hearing is to provide testimony about whether the claimant can perform:


  1. Past Relevant Work (PRW): Whether the claimant can still perform jobs they have done in the past, considering their current limitations (20 C.F.R. §§ 404.1560(b) & 416.960(b), SSR 24-2p).
  2. Other Work in the National Economy: If the claimant cannot perform past work, the VE also testifies whether there are other jobs in significant numbers in the national economy that the claimant could perform, given their age, education, work experience, and residual functional capacity (RFC) (20 C.F.R. §§ 404.1566 & 416.966).


The VE does not propose medical limitations. The ALJ poses hypothetical questions to the VE, which include various combinations of limitations (such as the ability to lift certain weights, stand for limited periods, or restrictions on concentration). The VE then identifies jobs, if any, that fit those restrictions and states how many of those jobs exist in the national economy.


The ALJ is required to give the claimant the opportunity to ask the VE questions. 20 C.F.R. §§ 404.950(e) & 416.1450(e). In most cases, a claimant will hire an attorney who will cross-examine the VE on the claimant's behalf. The attorney typically will ask a series of hypothetical questions that, based on their experience at previous hearings, they know the VE will testify would prevent the claimant from working (and therefore render them "disabled" and entitled to benefits). The attorney should also ask questions about suspicious jobs and job numbers, although the Social Security Administration has tried to protect dubious vocational testimony with a recent rule change. See SSR 24-3p.


Importance of VE Testimony

The VE’s testimony often plays a decisive role in disability cases.


If the VE identifies significant numbers of jobs in the national economy that the claimant can still perform, the claim is usually  denied. Conversely, if the VE testifies that no such jobs exist given the claimant’s limitations, the ALJ is likely to rule in the claimant’s favor.


Of course, claimants (or their attorneys) may also challenge the VE’s testimony, for example, by questioning the accuracy of job numbers or by pointing out inconsistencies. ALJs could also inquire about the reliability of VE testimony, but most accept VE testimony without significant questioning.


Qualifications of Vocational Experts

Among Social Security disability practitioners, it’s an open secret that some VEs aren't qualified to testify, and that some consider themselves beholden to the Social Security Administration—on whom they depend for their livelihood.


As a basic matter, some VEs probably lack the training to provide the testimony that they're asked to provide. Many, for example, have some background in disability job placement. But that doesn't mean that they have familiarity with a wide variety of professions, or any familiarity with labor market analysis and statistical methods.


But the government has made clear that it will give broad deference to VEs after they testify. See SSR 24-3p. In our experience, at least, judges have higher standards for "experts" in other areas of litigation, see, e.g., FRE 702, and courts are more suspicious of expert testimony as "substantial evidence" in nearly every other area of law.


Impartiality of Vocational Experts

Technically, vocational experts are meant to serve as impartial experts whose duty is to provide neutral, professional testimony to assist the ALJ in making a fair decision. They are not formally representatives of the Social Security Administration.


Claimants and advocates have raised concerns about whether VEs are truly impartial. Because VEs are contracted and compensated by the Social Security Administration to appear at hearings, they likely feel pressure to provide testimony that supports the agency’s interest in denying claims. When the Social Security Administration issues new rules on what they want from VE testimony—such as recent changes in SSR 24-3p—many attorneys quickly find that VE testimony suspiciously parrots the government's preferred answers.


For example, we recently had a hearing where an expert testified that someone could perform a job that was based on preparing microfilm (a job that even the government has acknowledged questions about its existence, see EM-24027). When we cross-examined the expert about whether he could provide evidence that the job still exists without obsolete technology, the expert refused to answer our questions on the grounds that the claimant was not paying him. (We should note that the claimant has authorized our office to speak and write about the hearing.)


Based on experiences like these, many argue that VEs can overstate the number of available jobs, creating a perception that they are more aligned with the SSA than with the claimant. Or, in other cases, they might claim that the person can perform obviously non-existent jobs: We once had a case turn on whether there were any "dowel inspector" jobs in the U.S. economy.


Judicial Review of VE Testimony

Although vocational expert testimony is generally accepted without question at the hearing level, it can be reviewed by Article III judges. Federal courts have repeatedly addressed the reliability of VE testimony when claimants appeal unfavorable decisions. For example, district courts often examine whether the ALJ properly questioned the VE, whether job number estimates were supported by substantial evidence, and whether the VE cited obviously non-existent jobs. In many cases, courts have remanded claims back to the ALJ for further proceedings because VE testimony was found inadequate or unsupported.


Cross-Examination

Vocational experts serve as crucial witnesses in Social Security disability hearings, providing expert analysis on whether a claimant can work despite medical limitations. Given concerns about their role, it's absolutely vital that you cross-examine your VE and review their testimony.


Disclaimer: The information provided in this blog is for general informational purposes only and does not constitute legal advice. Reading this blog does not create an attorney-client relationship. For advice specific to your situation, please contact Donoff & Lutz, LLC directly to speak with an attorney.

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No one plans disability. If the time comes, you may not know what programs apply to your situation, what medical conditions qualify, how much in benefits each program provides, and how long the process takes. The first thing to know is that Ohio does not have its own state-run disability cash benefits program for most workers. Instead, most Ohio residents who cannot work because of a medical condition most commonly look to federal disability benefits, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), or to more specific disability programs applicable to certain situations. What disability programs are available in Ohio? Ohio does not operate a separate state disability insurance program like some states do. Ohio residents can still apply for federal disability-related benefits, if they have the required work history, income, or military service. The most common disability benefit programs available to Ohioans include: Social Security Disability Insurance (SSDI) Social Security Disability Insurance (SSDI) is a federal program for people who can no longer work because of a serious medical condition and who have paid enough into the Social Security program through their employment taxes. In many cases, eligibility depends on whether you have earned enough work credits through recent employment. To qualify for SSDI, you must become disabled prior to your “date last insured,” the last date that you have protection against disability. Your monthly SSDI benefit is generally based on your earnings history and how much you paid into Social Security over time. SSDI benefits increase annually to adjust for the cost of living. Supplemental Security Income (SSI) Supplemental Security Income (SSI) is also a federal disability program, but unlike SSDI, it is based on financial need rather than work history. 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Veterans’ disability benefits VA disability compensation is a monthly, tax-free benefit for veterans who were injured or became ill during military service, or whose service made an existing condition worse. Eligibility can include both physical and mental health conditions, and the amount paid generally depends on the veteran’s disability rating and dependents. Workers’ compensation Ohio workers’ compensation disability benefits provide wage replacement and related benefits when an employee is injured or develops an occupational disease because of work. Depending on the claim, benefits may be temporary total disability while the worker cannot work, permanent partial disability for lasting impairment, or permanent total disability when the worker cannot return to sustained employment. What conditions qualify for Social Security disability in Ohio? To qualify for Social Security disability, you must meet both medical and non-medical eligibility requirements. Perhaps most notably, a medical condition must prevent you from working for at least 12 months (or be expected to last 12 months) or result in death. You generally cannot receive benefits if your condition is expected to improve within 12 months. The key issue is not just whether you have been diagnosed with a condition. The real question is whether your condition limits your ability to perform substantial work on a sustained basis. It is misleading—and sometimes plain wrong—to say that certain conditions are the reason for disability in some percentage of cases. Because the Social Security Administration asks about your functional capacities, a disability claim turns on the limitations caused by all medical conditions. We have won cases, for example, based on the collective effects from lower back problems and depression. Still, we can identify some conditions that we very commonly see in successful disability claims: mental health disorders, such as depression, anxiety, bipolar disorder, or schizophrenia intellectual disability and related developmental disorders musculoskeletal disorders, such as arthritis and degenerative disc disease nervous system disorders, such as epilepsy, strokes, and Alzheimer’s circulatory system disorders, such as coronary or peripheral artery disease respiratory disorders, such as chronic obstructive pulmonary disease (COPD) severe injuries, such as car accidents or workplace injuries This is not a comprehensive list. Since our family first started helping with disability claims in the late 1970s, we have seen just about every condition. It all turns on how your condition limits your ability to work. Do you automatically qualify for SSDI/SSI based on your diagnosis? No! This is a common misconception based on Social Security’s “Listings” or “Blue Book” conditions. While some diagnoses appear in Social Security’s listings, that does not mean a diagnosis alone automatically qualifies you for benefits. The “Listings” only result in disability if the claimant has certain measures indicating that the condition is particularly significant, and most people unfortunately do not meet those stringent requirements. In most cases, Social Security looks at how severe your condition is, how long it has lasted or is expected to last, what treatment you have received, and—most importantly—how your symptoms limit your ability to work. Even if your condition is listed, you still usually need medical evidence showing that you meet the specific requirements. 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In most cases, you will need to submit an application along with additional information about your medical treatment, work history, daily limitations, and financial circumstances if you are applying for SSI. There are generally four main ways to apply for disability benefits: online through the Social Security Administration website ; through a phone call with Social Security; through paper applications, using the Social Security Administration forms ; or in person at your local Social Security office . Before applying, it helps to gather: medical records names and contact information for doctors and specialists work history education records bank account and financial information medications and treatment history dates of treatment and hospitalizations When completing the forms, it is important to be truthful, specific, consistent, and realistic about your limitations. Social Security may also ask for more information or request that you attend a consultative examination. Who handles disability claims in Ohio? In Ohio, the medical review of SSDI and SSI claims is handled by the Division of Disability Determination (DDD) within Opportunities for Ohioans with Disabilities (OOD) , working under agreement with—and funded by—the Social Security Administration. That means disability claims in Ohio usually move through both a federal application system, processed at a local office, and an Ohio-based medical determination through an office in Columbus. How long does it take to get disability benefits in Ohio? The disability process in Ohio can be slow, especially if your case moves beyond the initial application stage. The Social Security Administration estimates that an initial disability decision generally takes 6 to 8 months. But initial disability processing times vary by state. The Social Security Administration Office of the Inspector General (OIG) published a July 2025 report that indicates Ohio, on average, processes initial disability claims in 136.8 days. Just based on our experience, we might estimate that claims are currently processing a little slower than when the OIG issued its July 2025 report. The Social Security Administration has dealt with hiring freezes over the past few years , and our local offices have estimated lower staffing than within any manager’s memory. Moreover, the Social Security Administration has reallocated resources to improve phone call processing . While phone call times have improved, we understand that staff hours have been allocated away from disability claim processing. Many claims unfortunately have to proceed to the hearing level . After requesting a hearing, most people have to wait between 7 and 10 months for a hearing. At the time of publication, four Ohio-based hearing offices (Akron, Cincinnati, Cleveland, Toledo) have an average wait of seven months; the Columbus office takes an average of eight months; and the Dayton office takes an average of nine months. We might note that the Dayton, Ohio hearing office is one of the most efficient hearing offices in the country, with the Administrative Law Judges publishing more than two decisions per day ; in our opinion, the Dayton, Ohio hearing office is simply understaffed. How much do disability benefits pay in Ohio? The amount you receive depends on the program. SSDI payment amounts Your SSDI payment is based on your work history and past earnings. People with higher lifetime earnings usually receive larger monthly SSDI benefits than people with lower earnings histories. In 2026, the average monthly SSDI benefit is $1,630 per month, with a maximum benefit of $4,152 per month. SSI payment amounts In 2026, the federal benefit rate for SSI benefits is $994 per month for an individual, or $1,491 per month for a couple. In many cases, the Social Security Administration reduces monthly benefits due to an SSI recipient’s income or living situation. Ohio does not supplement the federal benefit rate with additional monetary benefits. What happens after you apply? Many disability applicants are denied at the initial stage. If that happens, the next steps may include: reconsideration (another review by the Division of Disability Determination (DDD) within Opportunities for Ohioans with Disabilities (OOD) ) a hearing before an administrative law judge further appeal to the Appeals Council and federal court. Because the process can take a long time, many people end up spending many months or even years moving through the system before receiving a final decision. Do you need a disability lawyer in Ohio? 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