Does your chance of winning disability benefits at a hearing depend on the judge you get?There is no doubt that the outcome of a disability hearing can depend on the specific administrative law judge that you get. Disability attorneys and non-attorney disability representatives are usually well aware of which judges at a hearing office are more likely to pose a problem for a claimant's case. Some judges have a reputation for being tougher on children's disability claims while others are known to be less (or more) likely to approve a case that is based primarily on a certain condition, such as ADHD or fibromyalgia. Is there anything that you or your disability lawyer can do if your case is assigned to be heard by a harsh judge? In a word, no. The hearings office determines which cases go to which particular judges and there is no option for protesting the assignment of the judge. Generally, this assignment tends to "stick" through a variety of circumstances. For example, if you miss your hearing date or know in advance that the hearing date will be in conflict with your schedule (you may have a doctor's appointment or a family matter scheduled for that date), you can request rescheduling. But your case will stay with the same judge. Even if your case is denied at a disability hearing and you file the next appeal--a request for review of the administrative law judge's decision--and then your case is subsequently scheduled for a remand hearing (basically a second chance at a hearing), then you will likely have your remand hearing in front of the very same judge who previously saw you...and denied your case. Typically, the only way for a claimant to get a new judge on a Social Security Disability or SSI case is if they actually move from state to another. A move of this distance will necessitate that the jurisdiction for a claim be changed to a new social security field office and a new hearings office. Of course, the corollary to the question with which we began is "Can your chances of winning disability benefits be improved depending on which judge you get at a hearing?". And the answer is, yes, of course. Just as some judges are known to be harder, and have a higher rate of denial, other judges have a documented higher rate of approval for the cases they decide. However, since a claimant can never predict when they file a request for a hearing whether or not they will get a sympathetic judge, the best approach to an impending hearing is preparation. Proper hearing preparation usually begins with obtaining qualified disability representation. But it also includes several other things. Continued at: Preparing for a Disability Hearing to Win Social Security or SSI Benefits About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here. Most popular topics on SSDRC.com Social Security Disability in North Carolina Common Mistakes to avoid after being denied for Disability Tips to Prepare for Filing for Social Security Disability or SSI Advice to Win SSD and SSI Benefit Claims Social Security Disability SSI Questions What is the difference between Social Security Disability and SSI? How to get disability for depression Getting disability for fibromyalgia SSI disability for children with ADHD What is the Application Process for Social Security Disability and SSI? Social Security Disability SSI Exam tips More Social Security Disability SSI Questions What makes you eligible for Social Security Disability or SSI? Related pages: List of Conditions for Disability in North Carolina Will a Social Security Judge give You an Immediate Decision at the Disability Hearing? Basic Facts about the Administrative Law Judge Social Security Disability Hearing Are the Chances of Winning Disability Benefits Higher at a Social Security Hearing with a Judge? Winning at a Social Security Disability Hearing Social Security Disability Hearings - what to expect What happens when you go to a Social Security Disability hearing? How do I request a Social Security Disability hearing - How do I file? Requesting a Social Security Hearing when you have a Disability Representative or Attorney How long does a request for a disability hearing appeal take? What are the odds of a judge giving you a disability denial? What is a Social Security administrative law judge disability hearing? What is the time frame for a judge to make a decision for a disability hearing? How should I prepare for a disability hearing with Social Security? What are the questions that get asked at a Social Security Disability or SSI hearing? If you apply for disability in Massachusetts Will I qualify for disability Benefits in Massachusetts? Getting a Disability Lawyer in Massachusetts |
