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.
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?
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?