Winning Isn't Easy: Social Security ®
Nancy L. Cavey, a seasoned attorney with over forty years of experience, explains the complex world of filing for Social Security Disability benefits. Filing for disability can be a confusing, life changing event, so with her deft expertise, Nancy will guide you through:
- The ins-and-outs of qualifying for Social Security Disability benefits (such as age and insurance requirements).
- Information regarding the process and lifespan of a claim, from the initial application to the request for hearing stages.
- Traps one can fall into while navigating the Social Security Administration's step-by-step Sequential Evaluation.
- Insights, overviews, and claimant stories regarding disease-specific content (ranging from commonplace ailments such as workplace injuries or accidents, to difficult to diagnose illnesses such as fibromyalgia, multiple Sclerosis, and POTS).
- Pertinent news happening in the disability world, and
- Much, much more.
Each episode of our podcast Winning Isn't Easy: Social Security ® will expose you to invaluable tips and tricks for surviving the disability claims process (a system that is often wrought with pressures and pitfalls designed to encourage you to give up the benefits you rightfully deserve). As the host, Nancy will often be joined by guest speakers who themselves are industry experts, ranging from lawyers specializing in related fields and doctors focusing on the diagnosis and treatment of specific diseases, to our associate attorney Krysti Monaco.
In her late teens, Nancy's father was diagnosed with leukemia. As someone who witnessed firsthand the devastating emotional and financial impact on both individual and family that being disabled and filing for benefits can have, Nancy is not just an attorney, but an empathetic presence who understands what you are going through.
Do not let disability insurance carriers rob you of your peace of mind. As a nationwide practice, The Law Office of Nancy L. Cavey may be able to help you get the disability benefits you deserve, regardless of where in the United States you reside. Remember - let Cavey Law be the bridge to your benefits.
Check out the links below to engage with us elsewhere:
Website - https://caveylaw.com/
YouTube - https://www.youtube.com/user/CaveyLaw
Winning Isn't Easy: Social Security ®
Meet the Vocational Expert: The Person Who Can Kill Your Claim
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Welcome to Season 2, Episode 25 of Winning Isn't Easy: Social Security ®. In this episode, we'll dive into Meet the Vocational Expert: The Person Who Can Kill Your Claim.
A Social Security Disability hearing involves more than testimony from the claimant, attorney, and Administrative Law Judge. In many cases, the testimony of a Vocational Expert (VE) (an independent witness who has never treated the claimant or reviewed their complete medical history) can significantly influence whether benefits are awarded or denied. In this episode of Winning Isn't Easy, attorney Krysti Monaco explains the critical role Vocational Experts play in disability hearings, such as how their testimony is used to evaluate a claimant's ability to perform work and why vocational evidence often becomes the deciding factor in a case. She also discusses how experienced disability attorneys prepare for vocational testimony, identify weaknesses in expert opinions, and use effective cross-examination to protect claimants' rights.
In this episode, we'll cover the following topics:
One - Who Is This Person and Why Are They Here?
Two - The Hypothetical Question - Where the Battle is Fought
Three - The Attorney's Turn - Winning the Case in Cross-Examination
Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.
Listen to Our Sister Podcast:
We have a sister podcast - Winning Isn't Easy: Long-Term Disability ®. Give it a listen: https://wiedisabilitypodcast.buzzsprout.com
Resources Mentioned In This Episode:
LINK TO YOUR RIGHTS TO SOCIAL SECURITY DISABILITY: https://mailchi.mp/caveylaw/your-rights-to-social-security-disability-benefits
FREE CONSULT LINK: https://caveylaw.com/contact-us/
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Need help with your Social Security Disability claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.
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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals.
Christy Monaco [00:00:15 - 00:01:15]
What if the person with the most influence over your disability hearing isn't the judge? And what if it isn't even somebody who knows you? At nearly every Social Security disability hearing, there's a professional witness whose testimony can quietly determine whether a case is approved or denied. They've never treated you, they've never reviewed your full medical history, and yet their opinion about jobs can make or break years of medical evidence. Today, we're uncovering who this person is and why the vocational expert may be the most powerful voice in the hearing room. Welcome back to Winning Isn't Easy, Social Security Disability Benefits, the podcast where we break down everything you need to know about navigating the Social Security system. I'm your host, attorney Christy Monaco. Before we get started, I have to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says I have to say this, so I've said it.
Christy Monaco [00:01:15 - 00:02:05]
But nothing prevents me from giving you an easy to understand overview of the Social Security disability claims process, the games that are played during it, and what you need to know to get the disability benefits that you deserve. So off we go. In previous episodes, we walked through what to expect on your day in court with the administrative law judge. We talked about the judge, your attorney, and your own crucial testimony. But there's a fourth person who is often in that room or on the phone. A person you've never met who knows nothing about your medical history, but who holds a shocking amount of power over the outcome of your case. This person can, in the space of about 15 minutes, completely dismantle a claim that you've spent years building. They are the reason that just telling your story is often not enough to win.
Christy Monaco [00:02:05 - 00:02:46]
Today we are pulling back the curtain on the most mysterious and misunderstood figure in a disability hearing, the vocational expert, or as we call them, the version we're going to talk about who they are, what they do, and how a skilled attorney can turn the VE's testimony from a weapon used against you into the final, critical piece of evidence that wins your case. So today I'm going to talk about three things. One, who is this person and why are they here? Two, the hypothetical question where the battle is fought, and three, the attorney's turn winning the case in cross examination. We'll take a break for a quick moment before we really dive in.
Speaker B [00:02:46 - 00:03:08]
Are you considering filing for Social Security disability or has your claim been denied already? Either way, you require a copy of your rights to Social Security disability benefits, which will cover everything you need to know about the Social Security Disability claims process. Request your free copy of the book@kvlaw.com today.
Christy Monaco [00:03:22 - 00:03:53]
Welcome back to Winning Isn't Easy. Let's start with who is this person in my hearing and why are they here? So you walk into your hearing or you start your hearing by phone. You're nervous. You're ready to tell the judge about your pain, your limitations, and how your life has been turned upside down. And suddenly the judge says, also on the line with us today is Dr. Smith, a vocational expert. Now, I want to be very clear about who Dr. Smith is and who she isn't.
Christy Monaco [00:03:54 - 00:04:32]
She is not a medical doctor. She has not reviewed your entire medical records. Her role there at the hearing is to be an impartial expert for the judge, but her expertise is not in medicine. It's in the world of work. Vocational experts typically have master's degree in the fields like vocational rehabilitation or counseling. They study the labor market and they know the physical and mental requirements of thousands of different jobs that exist in the national economy. Their job is to answer one fundamental question. Is there any job out there that exists that you can still do? Remember to be found disabled.
Christy Monaco [00:04:32 - 00:05:33]
It's not enough to prove you can no longer do your old job as a carpenter or a nurse. At the final step of the disability process, you have to prove you can't even do the simplest, easiest job that exists. The VE is there to provide the expert evidence on whether those simple, easy jobs are a viable option for you. So let's take a quick break. Welcome back to Winning Isn't Easy. I want to talk about the hypothetical question. And this is where the battle is fought during your hearing. For most of the hearing, the VE just sits there silently listening.
Christy Monaco [00:05:33 - 00:06:02]
They listen to your testimony about your pain, your good days, your bad days, your ability to sit, stand and concentrate. Then after you're done testifying, the judge turns to the VE and this is where the entire case pivots. The judge will not ask the VE. So, Ms. Expert, do you think that this claimant can work? Instead, the judge will pose a series of hypothetical questions. This is the core of the whole exchange. So let's create a hypothetical claimant. Let's call him David.
Christy Monaco [00:06:02 - 00:06:47]
David is 52 years old, has a high school education and has worked for 30 years as a warehouse manager. He has a severe back condition and can no longer do that job. The judge will start the first hypothetical like this. Ms. Ve, I want you to assume that a hypothetical individual is 52 years old, the high school education, and has the past work experience of our claimant Now, I want you to assume that I find this individual limited to sedentary work. He can lift no more than ten pounds, he can sit for about six hours in an eight hour day, and he can stand or walk for about two hours. With those. With just those limitations, could such a person perform the claimant's past work as a warehouse manager? Now the VE will answer.
Christy Monaco [00:06:47 - 00:07:34]
No. No, your honor, that job requires medium level exertion and that's a small but important first step. We've now established that David cannot go back to his old job, or as we call it, his past relevant work. But then comes the second crucial question from the judge. Okay, Ms. Expert, using that same hypothetical sedentary work, 10 pound lifting limit, are there any other jobs in the national economy that such a person could perform? And this is the moment your claim hangs in the balance. The VE will consult their books and training and will almost certainly say something like, yes, your honor. That individual could work as a document preparer, a job which has $80,000 or 80,000 positions nationally.
Christy Monaco [00:07:35 - 00:08:02]
They could also work as an addressor with $50,000 jobs or as a call out operator with $90,000 jobs. And just like that, if the hearing ended right there, your claim would be dead. The judge has presented a set of limitations and the VE has testified that even with those limitations, there are hundreds of thousands of jobs that you could do in the judge's mind. Case closed. You're not disabled. Is it over? Find out next. Let's take a break.
Speaker B [00:08:03 - 00:08:08]
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Christy Monaco [00:08:09 - 00:08:10]
Get our booklet.
Speaker B [00:08:10 - 00:08:30]
The key to hiring a great attorney for your Social Security disability case. Discover how to find an experienced attorney who will fight for your rights and navigate the process with ease. Don't leave your future to chance. Request your free copy@kvlaw.com today and ensure you have the expert support you deserve.
Christy Monaco [00:08:44 - 00:09:16]
Welcome back to Winning isn't easy. Now it's your attorney's turn. Winning the case in cross examination. Your hearing doesn't end there. Now it's our turn to question the vocational expert. A good disability attorney knows that the judge's hypothetical was incomplete. It included the basic physical limitations, but it left out all the real world problems that actually stop you from working. The attorney's job is to add your real life limitations into the judge's hypothetical, layer by layer, until the VE is forced to admit that there are no jobs left.
Christy Monaco [00:09:16 - 00:09:52]
The cross examination might go something like this. Your attorney would say, Ms. Ve, I want you to take the judge's last hypothetical, the one where you found jobs like document preparer. Are you with me? And the vocational expert would agree. The attorney would then say, I want you to add a limitation. Assume that this person, due to pain and the side effects of medication, would be off task, meaning not actively working or concentrating for 20% of the workday. Would any of the jobs you identified still be available? Vocational evaluator would have to answer no. Generally, employers tolerate an off task rate of no more than 10 to 15%.
Christy Monaco [00:09:53 - 00:10:25]
At 20%, no competitive employment would be possible. Well, the attorney has just closed the door on a huge category of jobs, but they're not done yet. Okay, Ms. Expert, let's go back to the judge's original hypothetical. This time, I want you to add that the individual needs to take unscheduled breaks during the day, lying down for at least 30 minutes at a time, two to three times per week. Could they perform any of the jobs you identified? The VE would likely response, no. That would be not tolerated by any employer. And we wouldn't stop there either.
Christy Monaco [00:10:25 - 00:10:55]
One last hypothetical, Ms. Expert. Let's again go back to the judge's original hypothetical. Now, please assume that this person, due to their medical condition, would be absent from work on average, more than two days per month. Would any of the jobs you identified exist for such a person? And here it is, the final nail the VE would have to concede. No. Any absenteeism beyond one day per month would make sustained employment unlikely. So do you see what happened? We didn't argue with the vocational evaluator about medicine.
Christy Monaco [00:10:56 - 00:11:41]
We accepted their expertise on jobs sometimes. But we use the testimony from you, your client, about being off task, needing to lie down, and missing work. And we forced the vocational evaluator to admit that those limitations are not compatible with any work. We built a box of limitations around you, and by the end, the VE had to agree that there was nothing left inside that box. And that is how you use the VE to win your case. So is the vocational expert the person who can kill your claim? Absolutely. If you go into a hearing alone and you don't know how to challenge the VE's testimony, you're walking into a buzzsaw. The judge will simply ask a hypothetical to the ve, and the VE is going to list a few jobs, and you'll get a denial letter in the mail a few months later, wondering what went wrong.
Christy Monaco [00:11:42 - 00:12:22]
The VE's testimony highlights the fundamental truth of this process. A disability hearing is a legal proceeding, not a medical appointment. It's won not just by telling your story, but by translating your story into the specific legal framework the judge and the vocational evaluator use. It's about proving not just that you can't do your own job, but that your combination of limitations means you can't do any job. And that is why we always say here, winning isn't easy. And that's it for our time today. Thank you so much for tuning in. If you found this episode helpful, please take a moment to like our page, leave a review and share it with your friends and family.
Christy Monaco [00:12:23 - 00:12:44]
Don't forget to subscribe to the podcast so you'll be notified whenever a new episode drops. And I say this every time, but we really would love to hear from you. At the beginning of each episode description you'll find a link where you can send us your questions or comments and we may even feature them in a future episode. So I hope you join us next week for another insightful discussion. Thank you for listening.