Seventh Circuit Upholds ALJ SSD Case

In December 2024, the Seventh Circuit Court of Appeals decided a case called Schmitz v. Colvin. The case involved a 52-year-old woman who used to work in public relations. She applied for Social Security Disability benefits, saying her rheumatoid arthritis, lupus, and fibromyalgia made it impossible to work. The judge who first heard her case agreed she couldn’t do her old job anymore, but found that she could still do other types of work, like being a cafeteria attendant or sorter, based on testimony from a vocational expert (VE).

A vocational expert is someone who gives information about what jobs are available and what a person with certain limitations can still do. In this case, the VE testified about what jobs the claimant could perform and how many such jobs exist in the economy. The judge relied on that testimony when denying benefits.

Later, the claimant argued that the expert hadn’t explained where the job numbers came from and that the testimony wasn’t reliable. But here’s the catch: her lawyer never raised that issue at the hearing. The Court of Appeals said that waiting until the case reached federal court was too late. Because no objection was made earlier, the judge’s decision stood.

This ruling highlights something very important for people seeking disability benefits: timing matters. If you or your lawyer think something about a vocational expert’s testimony doesn’t make sense, it’s critical to speak up during the hearing. Courts expect these issues to be raised right away so they can be addressed on the spot. If you wait until later, the opportunity to challenge the testimony is usually lost.

For anyone applying for Social Security Disability, the lesson is clear: make sure your attorney is asking questions and protecting your rights during the hearing. That means asking the VE where their numbers come from, how current the data is, and how your specific health problems were matched to the jobs they listed. If the answers don’t add up, your lawyer should object right away. Doing so keeps the issue open for appeal if needed.

In simple terms, Schmitz v. Colvin is a reminder that the disability process is not only about your medical condition but also about the details in how the case is argued. A missed objection at the hearing can make a big difference later. If you’ve been denied benefits and the vocational expert’s testimony played a role, it may be a good idea to talk with a Social Security appeals attorney to review your options.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.