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CJ Henry Law Firm, PLLC

Vocational Expert Testimony

  • Published: July 23, 2014
Vocational Expert Testimony

Handling potential issues that can come up regarding vocation is one of the main methods that an Ocala social security disability lawyer can help claimants through the process. When past relevant work is a matter before the administrative law judge, a vocational expert will usually testify.

Potential Problems

Your Ocala social security disability lawyer can explain that your past relevant work may cause the vocational expert to determine that you are still capable of performing this work even with the limitations from which you suffer. Alternatively, the vocational expert could say that you can’t perform this particular work, but the exertional level of your previous field is lower for employees that are in the national economy than the level you performed at your previous job.

Relevance

The administrative law judge may conclude that past work is not relevant. However, your Ocala social security disability lawyer will want to determine whether your previous work is actually relevant. For this determination, there are several considerations. For example, your Ocala social security disability attorney may determine that brief work is not relevant. For individuals who have not maintained long-lasting or consistent work, the work may be considered not to be relevant. However, Social Security guidelines generally require work that was performed in excess of three months to be found relevant. Administrative law judges may use a three- to six-month period of time to find this work relevant.

Longer Requirement for Skilled Work

However, your Ocala social security disability attorney can explain that work that is considered skilled or semi-skilled usually requires that it be performed for a longer period of time. For claimants 55 and older, a claimant does not have relevant work experience if he or she performed work within the relevant 15-year time period that doesn’t enhance their current work capability. A skilled social security disability lawyer may be able to show that this finding applies to cases that involve younger claimants, too.

If you would like to learn more about which jobs may be considered relevant or irrelevant, contact CJ Henry Law Firm, PLLC at 352.304.5300.

Claudeth Henry

Attorney Henry is a Florida disability lawyer uniquely suited to
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