How to request a vocational expert review in New York?
By Hogan Smith
Updated 07/04/2025
When applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), your ability to perform past work or other work in the national economy plays a significant role in your claim decision. The Social Security Administration (SSA) often uses vocational experts (VEs) to provide testimony regarding your work capacity. Knowing how to request a vocational expert review in New York is crucial, especially if you believe their testimony can clarify or support your limitations.
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1. What Is a Vocational Expert?
A vocational expert is a professional contracted by SSA who:
- Evaluates your work history, skills, education, and physical or mental limitations
- Determines whether you can return to your past work or perform other available jobs in the economy
- Provides impartial expert testimony during your disability hearing before an Administrative Law Judge (ALJ)
2. When Is a Vocational Expert Used?
VEs are typically involved during:
- ALJ hearings, where they testify about whether jobs exist for someone with your limitations
- Cases where your Residual Functional Capacity (RFC) does not match SSA’s listed impairments but may limit work options
3. Can You Request a Vocational Expert Review Yourself?
Claimants do not directly request a vocational expert review before the hearing. Instead:
- The Office of Hearings Operations (OHO) assigns a VE to your ALJ hearing if your case involves vocational considerations.
- Your attorney or representative can prepare to cross-examine the VE to challenge job numbers, transferrable skills, or their hypothetical assessments.
However, if you believe vocational evidence is essential before your hearing:
- Your attorney can submit a written request to the ALJ asking that a VE be present at your hearing
- You can also request a consultative vocational evaluation from SSA in rare circumstances, though these are uncommon and usually reserved for specific case issues
4. How Does the Vocational Expert Review Process Work?
1. Preparation Before the Hearing
- Review your past work history and job duties carefully.
- Identify physical or mental limitations that prevent you from performing past work or other jobs.
- Your attorney will prepare questions to challenge VE testimony if needed.
2. During the Hearing
- The ALJ will ask the VE hypothetical questions based on your limitations.
- The VE responds with opinions on whether you can perform your past work or other jobs in the national economy.
3. Cross-Examination
- Your attorney or representative can question the VE’s assumptions, job numbers, or classifications to strengthen your case.
- If representing yourself, you may ask clarifying questions, such as the job’s physical demands, frequency, or regional availability.
5. Importance of Vocational Expert Testimony
VE testimony is often the final factor in your approval or denial. If they confirm:
- You cannot perform past work or any other available work, your claim is likely to be approved.
- You can perform other work despite your limitations, your claim may be denied unless successfully challenged.
6. How to Strengthen Your Case Involving a Vocational Expert
- Hire an experienced disability attorney who understands VE testimony, cross-examination strategies, and vocational classifications under SSA rules.
- Obtain detailed Residual Functional Capacity (RFC) assessments from your treating doctors outlining precise work limitations.
- Prepare for the hearing by reviewing job descriptions, physical demands, and transferrable skills
- in your work history.
7. Post-Hearing Actions Regarding VE Testimony
If you believe the VE’s testimony was inaccurate:
- You can submit written objections or briefs after the hearing to the ALJ highlighting discrepancies in VE opinions, job numbers, or your limitations.
- If your claim is denied, VE testimony can be challenged during Appeals Council review or in federal court appeals with the help of your attorney.
How Hogan Smith Can Help You
At Hogan Smith, we understand how critical vocational expert testimony is in SSDI and SSI claims. Our team can:
- Prepare you thoroughly for VE questioning
- Develop strategic cross-examination questions to challenge unfavorable testimony
- Submit additional vocational evidence or written briefs to strengthen your appeal if your claim is denied
Contact Hogan Smith Today
If you have an upcoming disability hearing in New York or need guidance on vocational expert involvement in your case, contact Hogan Smith today for a free consultation. We are dedicated to maximizing your chances of securing the disability benefits you deserve.
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