Why do Disability Judges Ask So Many Hypothetical Questions to the Vocational Expert at Your Hearing

In almost every Social Security disability hearing, your judge will ask a vocational witness to appear and testify. The vocational witnesses role is to offer expert testimony about whether jobs exist in the economy that can accommodate your limitations.
As I discuss in this video, your judge will pose one or more “hypothetical questions” to the vocational expert, with each question including differing degrees of impairment. For example the judge might ask the vocational expert a question that contains the limitations of a mild level of pain which limits the hypothetical person to simple, one or two step jobs.” This level of limitation would preclude most skilled jobs but would not preclude simple jobs such as “hand packer” or “surveillance system monitor.”
The judge’s next question might include a more restrictive limitation, like a severe level of pain which causes significant interference with attention and concentration and leaves the hypothetical person off task 20% of the workday. This level of limitation would preclude all competitive work in the economy.
The “hypothetical person” in the judge’s questions is obviously you and the questions the judge asks may include multiple parts describing multiple impairments at different degrees of severity.
The judge may ask only one question to the vocational witness or he may ask five, six or more. One of these questions represents what is in the judge’s mind and will form the basis of the decision in your case.
As a disability claimant, you want the vocational expert to answer “there are no jobs that exist” to at least one, and hopefully many of the hypothetical questions posed by the judge. The limitations contained in the judge’s questions come from the judge’s analysis of the evidence in your case and from your testimony - this is why we want a complete medical record and support from one or more treating doctors in the form of opinions about your capacity to perform various work tasks. #socialsecuritydisabilityhearing #vocationalwitnesssocialsecuritydisability #hypotheticalquestionsvocationalwitness #ssdihearing
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[@stevehowell4888]

Jonathon I must thank you for all the good you do for us claimants. I have watched I'm sure 90 percent of you're videos and they are so informative and so appreciated. I'm 53 and have chrons disease and chronic hip and back pain along with anxiety, depression. I had my hearing in early October and haven't heard anything from ssdi yet,but my attorney was very surprised when he questioned me before hearing as to how much knowledge and I guess you could say pre-pairdness I had.Of course I have you all the credit as deserved! The judge only asked VE one question and he said,I couldn't return to old job and had no transferable skills and no jobs were available for me in the economy. I have waited for 3 years and pray it goes well. Thanks,Again....

[@rhondamerriweather6687]

I thank you for clearing that part up for me. I was only asked two questions and that was it.

[@MsPhillyG]

You're very lucky..

[@jenniebotelho7183]

I’ll update when I know the outcome, but just to ease minds here. I had my hearing today. Biggest voice in the room was the VE. 3 sedentary jobs I could do, but no sedentary jobs with my condition. Born with multiple congenital birth defects, I had my 39th surgery yesterday- needles to say my mindset was out in left field. He knew my restrictions and confirmed I was correct with stating them. I really do feel like he was my biggest supporter and understood ppl with disabilities. I just needed to comment bc If I can ease anyones nerves, it’s important to me to do that. I will update when I know more. Best wishes everyone ❤️.

[@yabbasbaby]

When the judge has already pretty much decided in their mind during the hypothetical questions, why does it take months to receive a final decision?

[@geekgal2006]

He literally explained that! They are trying to make sure they are not over ruled by the higher council!

[@ladye6448]

I won my case 😭

[@edwardvalley8831]

Congratulations

[@MsPhillyG]

That's great Congrats

[@ElleBrOw]

GREAT! Give us info..like how long did it take?

[@KakeKittyStyle]

Congratulations! Way to go!

[@newbeginningscommunityco-o5609]

Thank you for answering my question. The judge asked the vocational expert a hypothetical question he said no jobs. Then she ask again do you understand what I am saying, the vocational witness explain he understood and said there were no jobs . Then the judge said so you are on record there are no jobs . The vocational answer that he could not find any jobs for me. Which leads me to think from what you explain she was trying to decide whether I was disable.

[@corrakkas]

I am a disabled combat veteran, I have a 100% P&T rating from the department of veterans affairs, because of expediated claims processing for wounded warriors, as a result, every social security law firm has refused to take my case, i have been told i would need to request at least 8 months for them to take my case, and many of them are over a year before they would even consider my case, i have only had three months to prepare my entire hearing, my hearing date is 09 jan 2019, tomorrow, the initial person at the social security told me that military service was not even a job and i was denied at the window, later i received a call explaining i could file a claim, because of my service connected injuries, it is not easy for me to communicate, as a result i had a employee at the social security administration office slam a security screen in my face and had security kick me out of the building, all for just asking how do i submit documents to the judge, i was told by the office manager that that employee was going to be retrained on customer service, meanwhile i still was not able to submit medical evidence to the court or to have reasonable questions answered, i was told by the office manager that the social security administration has a duty to assist its public, even though i am a disabled combat veteran, the social security administration has failed to assist me, the united states government sends us to war and then does not care about us when come home, their is no support for the troops in America, just send us to die

[@michellehawkins2649]

How did it go?

[@MsPhillyG]

I hope everything goes well for. Im also a disabled vet at 90%, I was denied without even seeing a SSA doctor. I was waiting for my appointment but got a denial letter in the mail. My military records are pretty extensive and I go to the VA medical records are too. My appeal date is 2 April 2019 and I'm stressed to the hilt that my anxiety meds are not even helping. I don't have a lawyer yet but by reading all of the claimants that have been denied and waiting for years after an appeal I just don't think I have a chance in hell. I wish you all the best and pray you get your disability. I'm going to keep viewing these videos and look for a lawyer and maybe just maybe it will work out for us both.

[@justinolfart5431]

How did it go for you today at your hearing well I hope

[@corrakkas]

my hearing is over, such a relief to be over. no medical expert, but there was a vocational expert that was teleconference. after I explained my military occupational specialty, the judge and the VE discussed. after the judge asked his first set of questions, the vocational expert told the judge there was three jobs I could do, the first being a kitchen assistant, the second was a floor waxer and the third was a item packager, I do not feel the VE test considered how being a kitchen assistant would be very difficult for me to manage, a combat veteran in a busy kitchen, not sure about that one. the judge then asked the VE if because of social impairment issues needing breaks during work would it be tolerated in a competitive job. the VE said no, the judge thanked the VE and the call was disconnected, he asked me if there was anything I would like to add, I said no, and the judge concluded the hearing, my VA caregiver was allowed to sit and observe but nothing else. I spent about thirty minutes in my hearing. the judge was disappointed that no attorney would take my case, we spent some time with me explaining to him which law firms I had contacted and what reason they gave for not representing me, he did the standard procedure, informed me of rights to obtain a lawyer, he was willing to extend my hearing date as needed but I simply just could not live with the stress of waiting for my hearing another second. I can only hope that the medical evidence for my VA ratings is sufficient to have a favorable decision, he told me that he would be making a decision in the next five days, but to not expect to receive notice for six weeks, so here I am waiting for another thing. I hope my information will help somebody

[@GaryEdge88]

Thank you for your service and my deepest wishes for you that you are approved Sir.

[@MichiganWildcat]

When I went in the VE said I would be able to work in a mail room but due to my age and disabilities I was unhirable and still got denied

[@thomasjensen6243]

That's funny you mention this issue. My ALJ took testimony from my attorney and myself, but he never consulted with the VE at all.

[@MsPhillyG]

You were probably lucky, Did you receive the letter addressed to the VE in the package that had your appeal hearing date and it also has the name of the judge and the judges assistant.

[@dantemikey]

Thx Jonathan for the great video.You really give good advice and are helpful for so many people.Im out of work for 5 years I’m 44 years old been denied twice I’m guessing because of my age.I was an electrician for 15 years before getting injured on the job that’s kept me out.I had a failure surgery l4/l5 and i remain still with chronic back pain,suffer from anxiety and depression.I had my first appearance hearing in front of ALJ on October 15th and still haven’t heard anything or received a decision letter.I feel the judge was fair and my lawyer also agreed.Ge did ask the vocational expert if I can go back to my jobs and she told him No.Then he asked another question & she just said No.Then the judge ask my lawyer that’s all and if he’s good with that and if my later had any questions,my lawyer said no and that was it.He told me I will receive decision 30/45 days and still nothing.Should I be worried? I know the government was shut down plus the holidays maybe delaying it..Thanks for your help,Mike

[@derykmacleod4979]

are these vocational witnesses someone you can speak to ahead of time? To find out if you can do any sort of work vs waiting 2+ years to be told oh you can do this...?

[@jeffdo9195]

Can the defense lawyer ask questions to the vocational person?

[@Meandpigeoncoolio]

I just had my hearing. At the end the judge asked if I had to take frequent breaks. And miss 4 days a month what would that me. They previous said there was 3 different jobs in the 100000 nationwide. To the last hypo question that went to zero

[@colette8882]

@GINSBERG LAW OFFICES: I had a hearing with ALJ & Vocational Expert regarding my bck pay for like 6/yrs owed ect. The only thing the judge really asked the V/E about was working with scenerios total about (4). Do I have a good chnce on winning appeal for back pay? I'm already approved for disability. This is to determine whn I had it in appeal prior with attorneys while waiting on a.decsion yeah or nay. So, now I have to wait on a.decision for this one #backpay. As far as the overall hearing that wasnt to bad went pretty good. It was hard to read the judge we had🤔 I'm waiting to hear back if this will be in my favor hopefully we will win for the 6/yrs waited👉🏽🙏🏼🌹🙏🏼🌹🙏🏼🌹🙏🏼🌹.

[@paintedwarrior516]

What is the compensation you receive for helping with a SSI claim?

[@pamelasmallwood4622]

I just had a disability hearing and the judge asked approximately 4-5 hypothetical questions and with each question the number of jobs dwindled down drastically. My lawyer then asked a question to the VE and his answer was that I wouldn't be able to sustain a job. My observation of the hearing was that as the number of jobs got dwindled down it was the opinion that I could get a job however my lawyer then asked the VE a question that was then answered that ,"No, I would not be able to maintain gainful employment." My lawyer after the hearing said that things went well but I haven't heard anything as of yet. Thoughts?

[@JILLYBEAN3020]

I had my hearing last month. The first hypothetical was asked with small limitations. The VE said I still could do my previous PRW. (Sitting up to 6 hours). Judge asked if I would be able to do the same work with 4 breaks a day. The VE said no. The case was dismissed. The judge never proceeded to step 5 of the evaluation process to see what I could do, or other jobs that might be suitable in the national economy My attorney was never utilized to discuss additional limitations. Have you ever had a case like this Jonathan? Thank you!

[@bigbrockolski1]

Mr Ginsberg can you do a video about auxiliary benefits for dependents? I just received a fully favorable decision yesterday and was told when I applied over two years ago my child was entitled to benefits of 775$ monthly. Now I guess it’s up to social security if he gets it or not. I’m confused

[@bigbrockolski1]

If I was able to work I would still be able to meet my child support obligations. I have my child 3 days a week but I’d hope that auxiliary benefits would be paid directly to my child’s mother?

[@willjohnson846]

When you appeal, the objective is to "REVERSE" a decision because there was a lack of "DUE" process that went into the decision..

[@willjohnson846]

Does the five-step process that Social Security uses require Social Security to evaluate available evidence to determine if Social Security can render a decision regarding the disability or non-disability as early in the five-step process as possible?

[@willjohnson846]

Could a case be made that Social Security "failed" to evaluate the already existing evidence and render a decision as close to the first step as possible?

[@willjohnson846]

From my reading, it appears that the objective for the claimant is to show they meet the "LEGAL" definition as provided by Social Security.. Not gainfully employed and the disability has or is expected to last more than 12-months?

[@edwardvalley8831]

So does being off task 20% of the time a good sign?

[@Cutiepie-os7gq]

I just had my phone hearing last week!, they judge ask me alot of questions, and ask the VE only 2 questions , 1. said i could fold laundry ( when my hands is 1 of the main dissability, ) the 2. had no jobs what so ever... was this good (MAYBE)?? Kentucky 52

[@lasghostridah3679]

Just had my hearing it went basically the same way 3 questions 2 were basic limitations 3 described me with 20% off task no jobs were found for the 3rd hypothetical and the case was closed after that did u win your case?

[@LynneDemonQueen1]

Many of the hypothetical questions the judge asked of the VE were completely off base of my condition. Had very little to nothing to do with my limitations on a lot of those questions until he got to asking what all jobs were listed that someone not quite as limited as I am per medical records and documentation and there was only ONE job position the VE could find in both her files and online which that job was more physically demanding than my light duty office job I had when I was injured that had already been deemed I could no longer perform and this position had 52,000 of this position nationwide, not statewide and not even in the same town I live in. When asked if I would have to take unscheduled breaks or be absent 1-2 times a month, the VE said I was not employable. Yet the judge still denied me.

[@ssdattorney]

Lynne, in my experience judges often ask multiple hypothetical questions, some of which will generate a "no jobs" response and others that will generate testimony identifying multiple jobs. Ultimately the judge chooses one of his questions to represent his conclusions about your capacity to function and that becomes the basis of his decision. If the evidence suggests additional impairments that can be grounds for an appeal to the Appeals Council.

[@LynneDemonQueen1]

@@ssdattorney ~ the judges decision states theres enough medical evidence to support my limitations but didnt believe to be as bad as I stated.

[@skittlesrainbow4853]

Why won't the questions stop after the VE say you can not do past jobs?,

[@ssdattorney]

Very good question. The reason is that judges need to show the people who review their work that they considered all variations of analysis of the medical record.

[@Incubusnut]

These videos are very informative.

[@mrmomb]

With a degenerative spinal condition or similar disease, how can one determine the date of disability?

[@walterstanford8162]

I was wondering if you could do a video of someone who was born disabled

[@Sweetsuziblues1]

How hard is it for a 24 year old with chronic ptsd, anxiety and major depressive disorder as well as ibs and chrohns disease to get approved? He also has psychotic episodes and paranoia.

[@kristalrogers5883]

I had my hearing in July and the judge ask 3 hypothetical questions. Is 6000 jobs nationwide a lot? Two answers were 6000 jobs nationwide and two answers were 0 jobs nationwide.

[@ssdattorney]

If the judge adopts the hypothetical where there are 6,000 jobs you will most likely lose. If the judge adopts the hypothetical where there are 0 jobs, you will win.

[@kristalrogers5883]

The hypotheticals that were 6000 jobs entail a lot of physical labor. It was pretty much based on the job I've been at since 1999. I've been with the same company since I was 23 I'm now 44.

[@christinasiler5592]

What if the judge only asks two hypothetical questions? Would that be good or bad. I’m still waiting to hear back, had hearing on January 16th. But both questions came back as a “no” from the VE.

[@Barbarajhere]

Hello! Thanks for the informative info....My question is please my 4 year old SSi/SSD CASE is up for REMAND within 8 weeks..Excepted for a 40 hour full time paid training that could lead to a full time desk position, really overwhelmed living in despair each month... Please advise. TIA

[@livingwithbpd3634]

What about when the judge asked the VE questions based on my past hearing and they said I could do stuff because of the past hearing but now ( my health got worse ) they said there is nothing .. but only my lawyer asked the VE questions about my health now and that’s when they said 0 jobs.

[@khadijahwhite9283]

What questions would a judge ask a person with type 2 diabetes and peripheral neuropathy insulin-dependent 4 shots a 2800 mg Gabapentin for the neuropathy. Neuropathy in both feet and hands and had EMG test to show proof. Person with diabetes for more than 10 years. Person is 57 years old, will be turning 58 in 3 months. Only a high school education. I apologize mr. Jonathan for the long question

[@khadijahwhite9283]

There is also other the diagnosis hypertension, hyperthyroid , partial fatty liver , multiple surgeries on eyes

[@davidsdailydoseofreality]

Ok so the ALJ asked the VE only 4 hypotheticals: the first being could someone like me do my former job to which the VE said “No.” Then he asked if there were any jobs available to which the VE said yes, then in the 2nd scenario, the ALJ asked now with accommodations made could I do my last job? To which the VE said “No,” and then the ALJ said “are there any jobs” to which the VE said “No, there are not”. What do you think chances of winning are?

[@SherryRB]

Attorney Ginsberg My hearing was Nov 20th.The VE gave a few jobs light to medium with hypothetical questions. My Attorney got a letter from my Judge a couple weeks ago stating recently submitted new evidence was submitted and told my attorney to log in a site to view because at some point after the hearing the judge sent my file to SS Medical Dr who stated I was limited to sedentery of which the VE I think stated differently with few simple jobs. I just turned 54 a few days ago and I am unskilled. The attorney gave me a copy that he replied BK to Judge saying I would meet GRID rule 201.12 bc no skills that would transfer. He also stated{My Attorney) the SS DR gave a thorough opinion.The file she had viewed had more updated records than what state agency had prior to when they examined my case before. In your opinion do you think I will win my case from your experience? Thank you for your videos, they are very helpful. If you don't have a video about the judge sending your file to the SS doctor after hearing has been held would u do a video? I know others probably don't understand that either or the meaning. I was nervous and plus don't understand the DOT codes and VE

[@adriennegreen2116]

There was no vocational expert at my hearing is that a normal thing and/or is that a good or bad thing?

[@mariacolon151]

Hi Jonathan can you give me some advice I have to go to for my appointment soon this month the end of this month I've been working since 14 for the last almost 2 years I got sick and not feeling good so I have a lawyer working on my case thank you Jonathan

[@ninedaysjane2466]

Just had my hearing. Judge asked the VE one question. I can't remember all the details, but there was something about light & I think sedentary (may have been unskilled?) work & 20% (or 25%) off-task. VE said "no jobs" and that was it. It's a mental health claim. Before the hearing she told my legal rep that if I didn't win this time, I'd definitely win the next time around. Is this good or bad?

[@yukica1]

We're you approved?

[@lasghostridah3679]

I had three questions the judge gave 2 questions with very few limitations and the ve found jobs the 3rd question had my limitations and included pain and he spoke about 20% off task and the ve found no jobs is that a good sign?

[@lasghostridah3679]

My hearing was today in the beginning The judge and my attorney was discussing my onset date The judge then swore me in and asked me a series of questions The judge then asked the VE 3 questions the first two were with basic limitations about light work the second was the same only seditary work and jobs were found on both but none took into consideration of my medical history until the 3rd question where I knew he was speaking about me he hypothetically added my limitations far as my pain and me being off task 20% of the time and the VE then after the 3rd senario said in his 33 years there are no jobs after that the judge accepted the VE testimony asked my Lawyer did she have any objections my lawyer said no he then closed the case wished everyone a happy holiday and that was the end should i be worried about the two basic questions that described very limited limitatons? or focus more on his last question and my limitations that he added to it?

[@Cooper3312000]

My judge asked the VE question regrading me being off task a percentage of the day, the need for frequent breaks with the need to sit, stand, and lay down at times of the day and if the jobs requires head/neck. The VE said "well..." never a yes or a definite no jobs. I'm young at 33 and have multiple herniated discs in neck and cervical dystonia in severe neck pain at all times. The judge has a very low approval rate at 8% i'm waiting for the judgment and very worried. My attorney was of very little use in my case.

[@edwardvalley8831]

So how did it go

[@loriehull2419]

If judge ask VE if claimant will be off task 3 to 4 days a month and VE answers No is this a good sign?

[@ssdattorney]

It is always good when the VE says "no jobs."

[@lidersofft-4462]

hi I had knee surgery on 08/2018 and still could not go back to work. I am having my hearing on 07/25/2020 but the doctor want to do a procedure call DRG dorsal root stimulation, if I do that procedure will interfere with my hearing? the procedure will be only for the pain, willl not help me for my mechanical problems, still I wont be able to go up or down the stairs, bent kneel down etc?

[@juliacolon7600]

Hello i just went to my hearing and i am supposed to get surgery for a herniated disk on my neck and six weeks after that i am supposed to get surgery called a plantar fascia release to repair a tear. I provided the judge with that information as well as MRI saying i have weakness in my arms and cant bare weight when i stand. Herniated disk on my lower back with pain that radiates down my leg. Do you think the judge would at least give me time to undergo treatment and approve my case. I also was to turn 50 within 2 days following my hearing.

[@ssdattorney]

The judge will focus on your condition as of your onset through the date of your hearing. The fact that you are scheduled for surgery suggests that you have a serious problem. In theory the judge should look at your work capacity status as of the date of your hearing and let someone else at SSA determine if you show medical improvement after your surgery.

[@juliacolon7600]

Thanku for the reply. I dont quite understand your answer though. My question was do i have a good chance of being approved with what i provided the judge. One more thing that have stayed on my mind since hearing and i wanted your opinion. My coat and purse was sitting on a chair beside me as the hearing ended my lawyer didn't ask if i needed help gathering my things and although my arms dont work as well i felt no choice but to grab my coat and purse and walked out. I noticed the judge look at me. I feel like i fucked up doing that. What u think. I know its too late now but i just feel like my lawyer was in a hurry to leave the hearing before me. I didn't understand the lingo they spoke but the ocupational person said i could do some work as an operator who wears a headset. I recall the judge kinda debunking that job . i don't know much but i just felt like my lawyer speed through my stuff wasn't quite prepared. One more question if i may ask is i noticed that the judge was typing on the computer as we spoke . Do judges have my info in the computer?

[@jeremiah-hr7ik]

What if judge asked one question and it was about jobs and his expert opinion was NO

[@ashmielke]

Can you do a schizoaffective video please?

[@vinnytightline2911]

How do I ask you a question and get a response

[@ssdattorney]

You can send me an email at ginsberg (at) ginsberg.com.

[@joestewart3117]

HELLO JOHNATHAN MY BIG DAY IS FINALLY HERE I HAVE PAINFUL BONE SPURS RIGHT SHOULDER LEFT HAND XRAYS AND MRI DIVERTICULITIS CONFIRMED WITH COLONOSCOPY SEVERE SLEEP APNEA RECENT LUGUINAL HERNIA SURGERY WITH PAIN IN MY TESTICLES LEFT HAND THUMB ATHRITIS IM 59 11TH GRADE EDUCATION WITH NO TRANSFERRABLE SKILLS HEARING IS TOMORROW WHAT ARE MY CHANCES FOR FULL VICTORY SIR?

[@lynettelocklear2784]

I need you help me

[@jefferyhall7364]

I had a phone hearing will that hurt my case

[@ssdattorney]

No, if anything I am seeing more favorables with phone hearings than with live hearings.

[@jefferyhall7364]

@@ssdattorney thank you for your insight

[@madlensargis8564]

Hello Jonathan I have been a victim of a defected device that was used on open Hart surgery now I’m hopeless restless and lost interest in life I am also short of breath bur top it all fear full of every one don’t want to be around anyone - I’m also in pain I. My shoulder nerve damage and I’m times in bed longer where I am now diagnosed with neuropathy also sayatica Also I forget a lot to take my medications on time I need to win my husband is disabled and I got ill at work that I lost and asked me to resign . I worked very happily great Health insurance and more now I have nothing worthless fear ashamed and hateful my third d open heart surgery I am full of fear and shortness of breath I need help in financial what are you thoughts on this I need this to win I have a a son in high school