Preparing for a Social Security Disability Hearing – Medical Expert Testimony

At your Disability hearing, the Administrative Law Judge (ALJ) may request the testimony of a medical expert. A medical expert is a doctor or other medical professional who will give an impartial opinion on the case being heard. It cannot be anyone familiar with the case, or a treating doctor. For more details about the qualifications of a medical expert, see the Social Security’s operating guide. The medical expert will review relevant medical records, and be subject to questions about the various diagnoses, treatment, prognoses, and functional limitations. The ALJ will also ask whether the conditions presented meet or equal any of the Listings of Impairments, which could mean an easier path to getting your disability approved.

Your Social Security Disability attorney will have the opportunity to cross-examine the medical expert as part of your hearing. Your attorney can ask about the expert credentials, and what experience they have in cases similar to yours. They may also ask about specific symptoms and limitations, and whether your conditions may meet specific listings.

The medical expert is not a treating doctor, and they will not be asked to examine you. They only consult your medical records. They will not be consulted about your work history, and they do not have the final say in whether or not you are disabled!

In some cases, an ALJ will ask for medical expert testimony after the hearing. Usually this is elicited in written interrogatories, where the ALJ or your attorney may write questions for the expert to answer. After the interrogatories are received, the ALJ will either make a decision or schedule a supplemental hearing to get more testimony from the claimant. If new records are received after the interrogatories are provided, then the ALJ can forward the new evidence to the expert to get any additional comments.

Having a medical expert can be a great help to your case, for your attorney, and for the ALJ. They can usually help explain more complicated medical records, which can improve their understanding of your case and could lead to a favorable decision. If the expert finds your condition to meet a Listing or that the symptoms would be so severe as to affect your daily functioning, the ALJ can use the expert’s opinion and find you disabled.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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Why Will There be a Vocational Expert at my Hearing?

A Vocational Expert is a neutral party that will be providing testimony regarding employment. Specifically, they will be providing information regarding the past full-time jobs that a claimant has held in the past fifteen years. The Vocational Expert will refer to the Dictionary of Occupational Titles, and clarify the skill and exertional level of each full-time job that a claimant has held. Additionally, the Administrative Law Judge will be asking certain hypothetical questions to the Vocational Expert to inquire whether jobs would be available based on certain restrictions and limitations. The Vocational Expert typically will not have any direct questions for the claimant, unless they need further clarification about job duties performed.

By hiring an experienced attorney, a claimant can be assured that any and all vocational issues are being addressed during the vocational testimony. An attorney will have the opportunity to cross-examine the expert and provide additional hypothetical questions to address medical impairments and restrictions. If you are currently unable to work due to medical impairments, please contact the firm of Hoglund, Chwialkowski & Mrozik, PLLC. We will be happy to go through an intake questionnaire over the phone to determine if we are able to help with your claim for disability.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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What Does a Vocational Expert Do?

When you are filing a claim for Social Security Disability, you are alleging that you cannot work because of your health impairments. Not only do you have to prove that you have impairments that limit your functioning, but you also have to prove that you are so limited by those impairments that you cannot work any job in the national economy.

When you actually get in front of an Administrative Law Judge, part of your hearing will include testimony from a Vocational Expert. This is someone hired by Social Security as an independent contractor, and they will provide testimony only relating to your ability to work, and whether or not there are jobs in the economy that hypothetically you could do. Some claimants feel the Vocational Expert is on the side of the Law Judge, but they are a neutral party. In close cases, the Vocational Expert’s testimony can weigh heavily in favor of approval.

The Vocational Expert classifies your prior work to help the Law Judge understand how physically or mentally demanding your previous jobs were. They may also take into consideration any accommodations you received, or if your job varied from the typical description. For example, typically a job of a cashier may require sitting for most of the day, and lifting from 10-20 pounds, but they will adjust their information to the Law Judge if at the cashier job you performed, you were on your feet all day, it required walking for more than half the day, and you would regularly lift 50-100 pounds. This information, coupled with your testimony on your functional limitations, can help the Law Judge decide whether you are physically able to return to your prior work.

Sometimes the expert will present certain jobs that fit in with the criteria the Law Judge gives. These are usually examples of jobs, with estimates of how many of those jobs are available in the city, state, region, or nationally. They are not telling you to go out and get these jobs – they are used as an example. So it’s not necessarily harming your case if the expert presents different occupations available.

Your disability attorney can help you prepare for your hearing with a vocational expert by reviewing your past work with you, and how specifically you cannot do the jobs you used to hold. This will help the attorney pose specific questions to the expert to make your case stronger, and help convince the Law Judge that you are unable to work, and thus finding you disabled under Social Security’s rules.

Written by Hoglund Law

The attorneys of Hoglund law are licensed in Minnesota, Wisconsin and Ohio. Hoglund, Chwialkowski & Mrozik, PLLC is based in Roseville, Minnesota. In addition to handling cases involving bankruptcy & social security, Hoglund, Chwialkowski & Mrozik, PLLC handles faulty drugs and toxic exposure.

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