Vocational "Experts"

A vocational "expert" testifies at a hearing. The witness has the education and experience as a rehabilitation counselor. The ALJ asks about past work from the E exhibits and the claimant's testimony. The ALJ then poses a hypothetical question followed by two more questions that the ALJ typically does not intend to adopt, just to let the client know that "I heard you." The witness states an opinion about past work as actually and generally performed relying on the work history report and/or testimony. The witness offers up other work based on either a DOT code or a SOC code, or both. Either as part of direct or later as redirect, the ALJ asks for a statement of the general methodology explored. 

Some ALJs will allow cross-examination to dig deep. Others will not. The results frequently depend on the quality of the cross-examination. Most ALJs will rely on the witness testimony and reject the concessions made on cross-examination, the disconnect with objective data, and the vacuous nature of the generally described methodology. 

A vocational witness has a masters, placed people with limitations in jobs, conducted job analyses on site, and made phone calls to represent a labor market survey. A minority know the difference between a standard deviation and a standard error. Most know nothing about reading, interpreting, and understanding statistical data. Yet, the cases have case a cloak of reliability on the people donning the name "vocational 'expert.'" 

A vocational witness uses Job Browser Pro but does not know how it functions. That is OK. Purdy v. Berryhill. A vocational witness uses the Occupational Employment Quarterly, confesses that it uses equal distribution, claims that it is the only thing available, and without more in the record, that is substantial evidence. Leisgang v. Kijakazi. The failure to rebut the vocational expert at the hearing is the root cause of claimants losing their cases. 

Representatives cannot rely on sheer unbelievability. 

They must do their job AT THE HEARING. SSR 24-3p. 

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Suggested Citation:

Lawrence Rohlfing, Vocational "Experts", California Social Security Attorney (April 24, 2026)  https://californiasocialsecurityattorney.blogspot.com

The author has been AV-rated since 2000 and listed in Super Lawyers since 2008.