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
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 individual’s 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 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?
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
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?
If you apply for disability in Utah
Getting a Disability Lawyer in Utah
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.