A-The government employs a Vocational Evaluator in almost every case. The Vocational Evaluator sits at the table across from us and listens to the evidence we present. The judge then asks the Vocational Evaluator to describe your past relevant work. Then he asks the Vocational Evaluator if you can perform the present job and most of the time the Vocational Evaluator will state NO.
Then the judge will ask one or more hypothetical question based upon certain facts. The judge will ask whether you can perform work that is of a lighter nature, maybe sedentary work. The judge will take into consideration your age, your education level and maybe will ask whether you have transferable skills. The Vocational Evaluator will respond and usually they will come up with some type of job where there are 20,000 in the national economy. Let me give you some examples when the Vocational Evaluator stated that my client(s) can perform some of these jobs:
•Sorter- 100,000 jobs available
•Gluer- 25,000 jobs available
•Inspector-18,000 jobs available
At some point, either the judge will give an additional and more accurate hypothetical of the true limitations that were testified to by the medical evidence presented in court or that you have verbally testified to, and then I will have the opportunity to cross examined the Vocational Evaluator and ask him those questions.
At some point the Vocational Evaluator, based upon the true limitations that you have that are in evidence in your case and are credible, the Vocational Evaluator will state that there is no work available. In that case then you will win your case. If the Vocational Evaluator states that there is work available then we have continuing legal issues over the Vocational Evaluator's testimony and it is up to the judge as to what ruling will take place.
I believe that there are some cases that are “close case” which means they go either way, depending on what the Vocational Evaluator will state. That is why I need to hire a private Vocational Evaluator to meet with the disabled person and provide a true and correct analysis in writing and present that evidence at the hearing. This can be very persuasive.