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How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay

When do you see a judge for a Social Security Disability or SSI claim?



 
The ALJ disability hearing (a hearing conducted by an administrative law judge) typically presents the best opportunity for a claimant to win a case for SSI or SSD disability benefits. There are multiple reasons for this, of course.

1. Administrative law judges are independent of the hierarchical managemenent structure of the social security administration and of disability determination services, the agency where disability examiners work on claims at the disability application and reconsideration appeal levels.

2. ALJs do not have to worry about making "too many approvals on cases" because their decisions are not monitored by external quality control (by contrast, the decisions of disability examiners are subject to automatic, random reviews by something known as DQB, the disability quality branch, the impact of which is to actively discourage examiners from making approvals on claims).

3. Disability judges actually give consideration and weight to the opinions of treating physicians. The social security administration considers a treating physician to be a doctor that has an established history of treatment with a patient and, therefore, can offer a credible opinion as to the individual's prognosis and limitations.



Officially, social security is supposed to give credence to a treating physician's statement if it has been obtained to support a Social Security Disability or SSI claim, but, historically, disability examiners have tended to disregard such statements.

At disability hearings, however, this is not the case and ALJs give treating physician statements, or medical source statements, enough consideration that cases can be won based on them.

4. At a disability hearing, a claimant, and their social security attorney can present a rationale for the approval of a claim, complete with supporting evidence and possibly some discussion as to why the case should have been approved at earlier steps versus being denied.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

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?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



New and featured pages on SSDRC.com

Who can help me file for disability?




Related pages:

Social Security Disability and Going In Front Of A Judge - What Happens?
Do Most People Need To See A Judge To Get Disability Benefits From Social Security?
Can you still Appeal if the Judge denies your Disability Claim?
Is An ALJ (Administrative Law Judge) More Likely To Grant A Claim For Social Security Disability or SSI?
How Long Does It Take To Go Before A Judge For Disability Benefits?
Does The Social Security Judge Use The Same Rules As The Disability Examiner?
How do I see a judge for my Social Security Disability case or SSI Claim?
Do you have to see a judge to get disability benefits?
When do you see a judge for a Social Security Disability or SSI claim?
What Percentage Of Social Security Disability or SSI Cases Does A Judge Deny?
Can I get disability with anxiety, IBS, asthma, migraines, OCD, bad vision, and depression?
SSI Back Pay after being Approved
Getting a good disability lawyer
Social Security Disability listings and medical exams
Getting a Disability Lawyer in Pennsylvania
If you apply for disability in Pennsylvania
Will I qualify for disability Benefits in Pennsylvania?



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Can you get temporary Social Security Disability or SSI benefits?

Permanent Social Security Disability

What is the difference between Social Security Disability and SSI?

Who is eligible for SSI disability?

Can I Be Eligible For SSI And Social Security Disability At The Same Time?

What makes a person eligible to receive disability benefits?

Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?

What happens if I file a disability application and it is denied by a disability examiner or Judge?









For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.