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Recent Questions

SSDRC Disability Blog

Was I treated unfairly by the judge at my disability hearing?




 
How do you know if you have been treated unfairly by an ALJ?



That's a good question. Some ALJs are known to be rude and condescending. But that doesn't necessarily coincide with unfairness. To me, unfairness translates to the judge not rendering a decision that is in accordance with the medical and vocational documentation when the evidence is fairly strong and clear.

Judges know that that if they issue a denial and the claimant's representative takes issue with it, it will likely be appealed to the appeals council. If the AC finds that evidence was improperly considered, or that there was a technical error of some type, a remand may result and the judge would end up hearing the case again. Judges have enough cases that they don't want to see the same case twice.

Back to your original question, I would say that since rudeness is not necessarily the same as unfairness, you probably need to get the opinion of the disability representative, attorney or non-attorney, who went to the hearing with you. In the end, it will come down to filing the next appeal or not.








Return to:  Social Security Disability Resource Center, or read answers to Questions








Related pages:

Social Security Disability Hearings - What is the ALJ
Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Basic Facts about the Administrative Law Judge Social Security Disability Hearing
How long does the administrative law judge take to make a decision on an SSD or SSI disability case?
How Long Does It Take To Get The Results Of A Disability Hearing?
Social Security Disability and Going In Front Of A Judge - What Happens?
Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?


Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages provide answers to basic questions about pursuing disability benefits

How do I check the status of my Social Security disability claim?
Can you get temporary Social Security disability or SSI benefits?
How do you Win Benefits under Social Security Disability or SSI?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
How long does it take to be approved for SSI or Social Security disability?
The Difference Between Social Security Disability (SSD) and SSI How are they different Part II