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Social Security Disability Hearings - What is the ALJ




 
If your case has progressed to the hearings level of the Social Security disability process, then an administrative law judge, or ALJ, will be the individual to determine if you are considered disabled under the disability rules and guidelines of the Social Security Administration.

What is an administrative law judge? An ALJ is comparable to a trial judge; consequently they can take oaths, hear testimony, and make decisions regarding an individualís entitlement to disability, whether from the social security disability or SSI disability program.

The administrative law judge does this through reviewing your disability case file, questioning you about your disability (in other words, your mental or physical impairments), and examining the evidence you (if you are unrepresented) or your disability representative presents during the hearing.

Note: it is not at all uncommon for individuals who have been to a social security disability hearing to complain that they were not treated well by the judge or that the ALJ was not fair to them. It is true that disability juges are often rude, sometimes even hostile to claimants who appear at their hearings. Many would argue they are not governed by the rigid set of rules used by disability examiners who make decisions on claims at the first two levels. Some judges will simply declare that they are not required to acknowledge the Social Security Administration's POMS, or Program operations manual system which are "Instructions used by employees and agents of SSA to carry out the law, regulations, and rulings".

Approval chances are better at the disability hearing level

However, the fact remains that disability judges make far more approvals on cases than occurs at the lower levels of the system (disability application and reconsideration appeal).

This is due to a number of reasons. First, by the time an ALJ hears a case, the claimant may have undergone additional medical treatment that strengthens their claim, or their physical or mental condition may have worsened. Or, as is often the case, their attorney or non-attorney representative may have obtained and submitted critical evidence (particularly a favorable medical source statement from the claimant's treating physician) that persuaded the judge to conclude the claimant's case met the necessary criteria for approval.

The importance of attending a disability hearing

There are cases in which a judge will have reviewed the case file and essentially made up his or her mind by the time the hearing commences. But although a disability judge's decision can be based on the evidence in your disability file alone, it is still advisable, and sometimes crucial, for you to attend your hearing.

Why is it advisable to attend your hearing? Because while some cases will be approved on the basis of meeting or equaling the approval criteria of a listing in the SSA blue book, and other cases will be approved on the basis of the grid rules that favor older claimants, particularly those of advanced age, or closely approaching retirement age, many cases will require the disability attorney or representative to put forth a compelling theory of the case, i.e. a rationale as to why the judge should approve the case. And, certainly, when the judge has chosen to have a medical expert and/or a vocational expert appear at the hearing to provide testimony, it would be unwise for a claimant to decline appearing, miss their hearing date, or appear without the benefit of representation.

However, another important reason that should not be disregarded is this: Each administrative law judge has the power to give the benefit of the doubt to the disabled individual and the hearing is the only time a decision-making individual from the Social Security administration will ever see you in person, which makes it more difficult to perceive you as just an anonymous pile of medical records.

Perhaps the independence of ALJs accounts for why more than fifty percent of all previously denied Social Security disability and SSI claims are later approved at the disability hearing level.








  • What medical conditions will get you approved for disability?

  • What kind of Mental Problems Qualify for Disability?

  • Which conditions will social security recognize as a disability?

  • Tips for getting Social Security Disability or SSI benefits approved







  • SSDRC Homepage:

    Social Security Disability and SSI Resource Center



    The Most Basic questions about Getting Disability Benefits

    Social Security Disability SSI and whether or not you can work

    Common Mistakes to avoid after being denied for Disability

    Social Security Disability SSI Questions and Answers

    More Social Security Disability SSI Questions and Answers

    Common Questions about Social Security Disability and SSI

    Winning Social Security Disability or SSI Benefits

    The SSI Disability Benefits Program

    Social Security Disability SSI and Doctors - Yours and Theirs

    Social Security Disability and SSI Claim Reviews

    Social Security Disability SSI System and Benefits for Children




    Denials, Appeals, and Getting a Disability Lawyer or Representative

    What you should know about Social Security Disability and SSI Denials

    Questions about Disability Lawyers and Hiring a Disability Attorney




    Various Types of Benefits including SSI, Mental, and Child benefits

    Social Security and SSI based on Mental Disability

    Social Security Disability or SSI Benefits for Children

    Disability Benefits through Social Security




    Filing for Social Security Disability or SSI Benefits

    Social Security Disability SSI: Medical Evidence and Records

    Filing your claim for disability benefits

    Eligibility for receiving disability benefits




    Resources on this site

    Social Security Disability, SSI Terms and Definitions

    Previously answered questions regarding SSD and SSI



    The SSDRC Disability Blog




    For Individuals living in North Carolina

    Disability in North Carolina

    North Carolina Disability Lawyer

    Getting disability in North Carolina








    Related pages:

    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?
    Preparing for a Disability Hearing to Win Social Security or SSI Benefits
    Presenting evidence at a social security disability or SSI hearing
    How Long Does It Take To Get The Results Of A Disability Hearing?
    Do Most People Have To Go To A Disability Hearing in order to Get Approved For Disability?
    Can you be approved for disability without having to go to a hearing?
    Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
    Vocational expert at a disability hearing - what is this?
    Social Security Disability Hearings - What is the ALJ



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

    Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
    How to Apply for Disability - What medical conditions can you apply and qualify for?
    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?
    How to Prove you are disabled and qualify to win disability benefits
    How do you prove your disability case if you have a mental condition or impairment?
    Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
    Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria
    If you apply for disability in Utah
    Getting a Disability Lawyer in Utah