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Hearing prep: vocational expert

At an ALJ hearing, a vocational expert (VE) testifies about whether jobs exist for someone with your RFC. Most denials at the hearing stage hinge on VE testimony you didn't push back on. Below: a hypothetical builder, then the playbook.

Hypothetical builder

Analysis

Base remaining: 100%

Limited erosion. Strengthen the hypothetical with diary-supported off-task / absence numbers.

Past Relevant Work (PRW)

VE will be asked: "Could the claimant return to any of their past relevant work?" given their RFC.

How to attack

  • Make sure your work history (your past jobs) accurately reflects the heaviest demands of each job, not the lightest.
  • If a job was performed differently from how it's described in the DOT (Dictionary of Occupational Titles), say so. Your description controls.
  • Composite jobs (e.g., warehouse worker who also drove a forklift) cannot match a single DOT title — argue the composite point.
  • Jobs held under 12 months at SGA are NOT past relevant work — exclude them.

Questions to put to the VE on cross-examination

  • What DOT title are you using for that job, and what's the SVP and exertional level?
  • If my work was performed at a heavier exertional level than the DOT lists, would I be able to return to it as I actually did it?
  • My job involved [specific demand]. Is that consistent with the DOT description?
Other Work Step 5

VE will list "other jobs" you could do despite your RFC. These are usually unskilled, sedentary jobs like document preparer, surveillance system monitor, addresser.

How to attack

  • Three jobs is the typical magic number. If VE names fewer than 3, that may not satisfy SSA's burden.
  • Cite occupational base erosion: any non-exertional limitation (concentration, persistence, off-task time) erodes the unskilled sedentary base.
  • Challenge if any "other work" exists in significant numbers in the national economy (5,000-10,000 jobs minimum is the rough floor).
  • Many cited jobs (e.g., document preparer DOT 249.587-018) have been challenged as obsolete — research whether any of yours are.

Questions to put to the VE on cross-examination

  • What are the SVP and exertional levels for those jobs?
  • What's the source for your job-numbers estimate? OEWS? SkillTRAN? Your own data?
  • How many of those jobs would remain if the claimant were off-task 15% of the workday?
  • How many would remain if the claimant required an additional 30 minutes of unscheduled rest per day?
  • What's the maximum tolerated absenteeism in those jobs? (Most are 1 day/month.)
Concentration / persistence / pace (CPP)

ALJ will include CPP limitations in the hypothetical. VE will say there's still work — usually they minimize the impact.

How to attack

  • Insist your hypothetical includes specific time-off-task percentages, not vague "moderate limitation in CPP".
  • Industry rule: 15-20% off-task is generally work-preclusive. Get the VE on record at what threshold work disappears.
  • Mental impairments often cause unscheduled breaks — get the VE to quantify how many would still allow employment.

Questions to put to the VE on cross-examination

  • At what off-task percentage would all competitive employment be precluded?
  • How many unscheduled breaks of 10+ minutes per day would competitive employers tolerate?
  • What is the maximum tolerated absenteeism — including partial-day absences?
Transferable skills

If you're 50+ with skilled past work, VE may claim skills transfer to lighter jobs.

How to attack

  • Skills must transfer with very little vocational adjustment for advanced age (55+).
  • Computer skills age 60+ generally require new tooling = no transfer.
  • Skills must transfer to specific cited DOT titles, not generic categories.

Questions to put to the VE on cross-examination

  • What specific skills did you identify as transferable?
  • Which DOT-titled jobs use those exact skills at the cited exertional level?
  • How much vocational adjustment would the claimant need? Could that adjustment be made with very little change in tools, machines, or work setting?
Sedentary occupational base

VE will rely on the small list of unskilled sedentary jobs.

How to attack

  • Sedentary requires ability to lift up to 10 lbs and stand/walk 2 hours total per 8-hour day.
  • Manipulative limitations (handling/fingering/feeling) are catastrophic for the sedentary base — most sedentary jobs require frequent or constant handling and fingering.
  • Need for a sit/stand option of "at will" or every 15-20 minutes erodes the sedentary base significantly.

Questions to put to the VE on cross-examination

  • What percentage of the unskilled sedentary base requires constant handling and fingering?
  • Of the jobs you cited, how many would remain if the claimant were limited to occasional handling?
  • Would a need to alternate sitting/standing every 15 minutes still permit those jobs?

Day-of checklist