Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?

How to prove you are disabled
and win disability benefits

What happens at most social security disability hearings is that the claimant and their representative (assuming they are represented by a disability attorney or a non-attorney claimant's representative) will participate in the hearing proceedings for as little as ten minutes and perhaps as long as an hour and, then, after the hearing has been concluded, both parties will wait a number of weeks to receive the administrative law judge's notice of decision, followed by a notice of award from the social security office if the case has been approved by the judge.

The notice of decision comes in three flavors:

1. Fully favorable - Meaning that the judge agrees with the disability onset date alleged by the claimant at the time of filing the disability claim;

2. Partially favorable - Meaning that the judge has found that the claimant meets the social security administration definition of disability and can be considered disabled, but the judge, however, does not agree with the onset date alleged by the claimant and has concluded that the claimant became disabled at a later point in time (disability lawyers will argue for the earliest possible onset date because this has a direct effect on how much back pay may be awarded to the claimant).

3. Unfavorable - This one should be self-explanatory. In these cases, the judge has evaluated the medical and vocational evidence and has determined that the claimant's condition is either non-severe, or is severe but not severe enough to last twelve months (this is a durational denial), or is severe but not severe enough to rule out the claimant's ability to go back to their past work or perform some type of other work activity.

Question: Will the adminstrative law judge, i.e the disability judge, ever give you a decision on the spot, at the hearing?

And the answer is, yes, sometimes the ALJ will do this. When this happens, it is known as a bench decision. The judge will announce the decision to the claimant and their representative at the hearing and the formal written version of the decision will follow in the mail.

Why do some cases receive bench decisions while others do not? Good presentation of a well-prepared case probably makes all the difference in receiving an immediate bench decision. The claimant's disability attorney submitting a well organized brief to the judge prior to the hearing date helps as well. What is a hearing brief? Think of it as a synopsis of the case elements along with a rationale for approving the disability case.

A disability attorney who submits a brief to an Administrative Law Judge for a social security disability or SSI claim is intent on demonstrating to the judge two things: A) why it is that the case should be approved and B) saving time for all parties, including the judge, which is reason enough to submit the brief, but also in doing so, it may save valuable time for the claimant whose finances are on the rope, so to speak.

The submission of a pre-hearing brief also indicates that a disability lawyer has a firm belief in the merits of the case and this fact is probably not lost on the judge who receives the brief.

Return to: SSDRC, or the Questions, Answers, Tips, and Advice page

Topics and Questions

What Happens If You File A Late Social Security Appeal?

When should you File for Disability benefits with the social security administration?

Medical Disability Requirements for SSD and SSI

Can You qualify for Social Security disability or SSI on the basis of anxiety or panic attacks ?

Can You Get Approved For Social Security Disability If You Do Not Take Medication Or Go To a Doctor?

When you Apply for Social Security do you get Medicare?

Can I Receive More Social Security Disability If I Get Another Condition Or Illness?

If I am denied for disability from social security, what is the next immediate step to take?

The SSD, Social Security Disability Date of Application

Applying for disability benefits in North Carolina

How to File for SSI

Doing the SSDI Appeal Online

To get a Social Security Disability or SSI Award do you have to have a Permanent Disability?

What will trigger a review of a social security disability claim?

Can you be approved for disability without having to go to a hearing ?

Is multiple sclerosis considered a disability by Social Security?

If I am Awarded Social Security Disability Will My Benefits be Cutoff Later?

The Difference Between Filing A New Disability Claim And Filing A Disability Appeal?

Will I Qualify For SSI, How Do I Get Approved?

If I get disability, will they look at my case later?

What is the difference between Social Security disability and SSI ?

How Long Do I Get To Keep My Social Security Disability or SSI Benefits?

How Long Will My Case Be at the Social Security Hearing Office Before It gets Scheduled?

Where are Social Security Disability and SSI hearings held?

Does Social Security Depend on Your Illness or the kind of Work that You Did?

The Social Security Disability SSI Application Process

If You Get Denied For Disability Should You appeal Or file A New Claim?

Can you be denied for disability even if your doctor recommends that you be approved?

What is the Chance of Winning an SSA appeal for disability?

Is Social Security required to give you a decision on your disability case in a certain amount of time?

Do I Need a Lawyer for My Social Security Disability Hearing?

What Happens After You File For Disability?

Can I Qualify For Disability and Receive Benefits based on Depression?

After a Social Security Disability or SSI Claim has been taken and is Pending

How long Does SSI last?

Can a mental illness qualify you for disability?

Advice to Win Social Security Disability and SSI Benefit Claims

How to Prepare For a Social Security Disability Hearing

Social Security Medical Exam - the purpose

Social Security Disability Requirements

If you have had a heart attack will you qualify for Social Security disability?

What is a trial work period for social security disability or SSI ?

Getting Social Security Disability Help for your Case

What is an extended period of eligibility for social security disability or SSI ?

Will Social Security Follow The Opinion Of my Doctor And Approve My Disability Claim?

Pancreatic Cancer and Filing for Disability

Why is the Social Security Disability Decision Process So Slow

Is multiple sclerosis considered a disability by Social Security?

Social Security Disability Health Coverage

What happens if my social security disability application is denied?

Should you Look at the Disability File that Social Security has on You?

What is DDS, or disability determinations services ?

Hiring a Qualified Disability Lawyer in Georgia

Pancreatitis and Filing for Disability

Social Security Disability SSI and Traumatic Brain Injury (TBI)

Applying for disability benefits in Kentucky

Does A Certain Percentage of VA Disability Automatically Make You Eligible For Social Security Disability?

SSD and SSI are Federal Programs

The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states:

Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

Recent approval and denial statistics for various states can be viewed here:

Social Security Disability, SSI Approval and Denial Statistics by state

Special Section: Disability Lawyers and unnecessary claim denials