Does the ALJ Always Agree with the Vocational Expert ?

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When your Social Security disability claim hinges on the vocational expert’s (VE) assessment of your capabilities, it’s natural to wonder: Does the administrative law judge (ALJ) always align with the expert’s testimony?  

While a vocational expert plays a critical role in assessing a claimant’s ability to work, the decision ultimately rests with the ALJ, whose interpretation of the law and evidence can differ from expert advice. In this article, we’ll dive into the dynamics of this interaction, clarify the factors that influence an ALJ’s decision-making, and provide insights into how you can prepare for your disability hearing. Understanding these elements may make all the difference in navigating your disability claim successfully.

The Role of Vocational Experts in Disability Hearings

At a Social Security disability hearing, the ALJ must determine if the claimant can perform their past relevant work or other work in the national economy. This determination directly impacts whether the claimant is eligible for Social Security disability benefits. Testimony from a vocational expert is necessary to help the judge understand both the claimant’s past relevant work and the impact of the claimant’s disability on their ability to perform their previous jobs or to find suitable employment given the limitations of their disability.

How ALJs consider past work experience

The ALJ relies on the claimant’s work history reports and testimony about their work history to assess the skill and exertion levels required for past jobs. After reviewing the claimant’s work history report, the VE classifies each past job based on its skill level and exertional requirements, which informs the ALJ’s decision.  

Past relevant work is work that is done for at least 30 days and within the last five years at substantial gainful activity (SGA) levels. Substantial gainful activity is defined by a monetary amount. In 2025, work is SGA if you earn more than $1,620 in gross monthly earnings. VEs classify past relevant work using the Dictionary of Occupational Titles (DOT), which categorizes jobs according to their physical and mental demands. The ALJ must ensure that the VE’s classification of past work is correct, as any underestimation of job requirements can significantly affect the decision regarding the claimant’s ability to perform past work. 

Hypothetical questions

After the VE classifies any past relevant work, they will help the ALJ understand how the claimant’s limitations affect their ability to perform their past relevant work or other work in the national economy. The VE answers hypothetical questions concerning the claimant’s impairments and whether they can engage in past or alternative jobs based on those limitations.  

Hypothetical questions posed to the vocational expert include various functional limitations based on the medical evidence and/or claimant testimony. The ALJ typically layers hypothetical questions from least to most restrictive in terms of functional limitations, allowing for a range of job classifications to be explored based on the hypothetical individual’s capacity. The VE provides testimony in response to these questions by identifying potential jobs in the national economy that a hypothetical individual with specific restrictions could perform.  

Hypotheticals allow the ALJ to assess whether a claimant with certain limitations can perform any job in the national economy based on the VE’s responses. The outcomes of the ALJ’s hypothetical questions do not always align with the final decision, as the judge ultimately decides based on the complete case file, not just the VE’s testimony.

Overview of ALJ Decision-Making

The ALJ works for the Social Security Administration (SSA) but makes independent decisions to evaluate claims for disability benefits. The ALJ will review your claim and make a decision separate from earlier unfavorable decisions made at the initial and reconsideration levels. They will make a final decision based on their judgment of the medical evidence in the record and the testimony presented at the hearing, including claimant testimony, witness testimony, and vocational expert testimony. 

Before making the final decision, the ALJ will take into consideration all relevant evidence and legal arguments. This includes the medical record that the SSA had when assessing your case as well as updated medical information submitted before the hearing. The ALJ will assess your testimony regarding the limitations your disability has on your ability to work. The ALJ will also question and assess expert witness testimony, such as medical professionals and vocational experts. Finally, the ALJ will consider all legal arguments and evidence submitted by a legal representative. 

The ALJ has the discretion to reject the vocational expert’s findings if they do not align with their conclusions.

Analyzing the ALJ's Relationship with the VE

The VE is not the decision maker on the issue of disability; they only assist the ALJ in making the final decision on disability claims. They do so by providing opinions on job duties and employment data, which are crucial to evaluating a claimant’s ability to work. However, the ALJ does not always agree with the vocational expert’s testimony, indicating that the VE’s opinion is just one factor in the decision-making process for disability claims.  

The accuracy and reliability of the VE’s testimony can significantly impact the ALJ’s decision. This can lead to varying outcomes, as inconsistencies in job classification or the number of available jobs identified by the VE can influence the ALJ’s decision. A claim may be denied if the VE testifies that sufficient jobs exist in the national economy that the claimant can perform, illustrating the weight of the VE’s assessment in the decision-making process.

Cross-examination of the VE

Claimants and their representatives can challenge the VE’s opinions through cross-examination. VE testimony can be cross-examined by questioning the expert to clarify the claimant’s past work or any additional limitations the ALJ may have overlooked.  

The accuracy of the VE’s classification and testimony regarding job availability can be crucial to the outcome of a claim. It is important to first ensure that the VE correctly classified your past relevant work. Before the hearing, it will be important to review the file and have an accurate job description of any work performed in the last five years. In addition, to properly cross-examine a VE, you must review the medical evidence and have a complete understanding of all the limitations of your disability.  Finally, concerns that some VEs may rely on outdated job descriptions or data may arise. This can affect the credibility of their opinions. In such cases, it’s helpful to cross-examine the VE’s classification and testimony to elicit supportive testimony for the claim. 

An experienced representative can help make sure the VE is appropriately cross-examined and offers favorable testimony.  Having an experienced attorney who understands the nuances of vocational expert testimonies can greatly increase your chances of winning their case. 

At La Porte Law Firm, our Social Security disability lawyers provide comprehensive support throughout the entire appeals process, ensuring your case is presented with the strongest possible evidence and that your rights are protected. Contact us today.

FAQs

The testimony from a vocational expert is only one component the ALJ will take into consideration when deciding disability. The ALJ must also assess the claimant’s testimony, the medical evidence, and other opinion evidence. The issue of disability is reserved for the ALJ, who is not bound by the testimony from the VE.

The Social Security Administration (SSA) will appoint the VE who will testify at your hearing. Although the SSA pays the VE’s fee, the VE is supposed to be an impartial expert witness. At the hearing, the claimant or their representative must cross-examine the VE to ensure that there is helpful testimony to support their claim. In some limited circumstances, a claimant’s own VE can provide pre-hearing or post-hearing evidence that clarifies the claimant’s past relevant work or jobs in the national economy. If you are considering hiring a VE to provide such evidence, we recommend that you consult with an experienced attorney. 

At the hearing, a claimant or their representative has the opportunity to cross-examine the VE. If the ALJ relies on unfavorable VE testimony and this leads to a denial, the claimant has a right to file an appeal. The appeal is filed with the Appeal Council. To learn more about the appeals process, learn more about what to do after receiving an unfavorable decision from an ALJ.

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