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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

Does your chance of winning disability benefits at a hearing depend on the judge you get?



 
There is no doubt that the outcome of a disability hearing can depend on the specific administrative law judge that you get. Disability attorneys and non-attorney disability representatives are usually well aware of which judges at a hearing office are more likely to pose a problem for a claimant's case. Some judges have a reputation for being tougher on children's disability claims while others are known to be less (or more) likely to approve a case that is based primarily on a certain condition, such as ADHD or fibromyalgia.

Is there anything that you or your disability lawyer can do if your case is assigned to be heard by a harsh judge? In a word, no. The hearings office determines which cases go to which particular judges and there is no option for protesting the assignment of the judge. Generally, this assignment tends to "stick" through a variety of circumstances.

For example, if you miss your hearing date or know in advance that the hearing date will be in conflict with your schedule (you may have a doctor's appointment or a family matter scheduled for that date), you can request rescheduling. But your case will stay with the same judge. Even if your case is denied at a disability hearing and you file the next appeal--a request for review of the administrative law judge's decision--and then your case is subsequently scheduled for a remand hearing (basically a second chance at a hearing), then you will likely have your remand hearing in front of the very same judge who previously saw you...and denied your case.



Typically, the only way for a claimant to get a new judge on a Social Security Disability or SSI case is if they actually move from state to another. A move of this distance will necessitate that the jurisdiction for a claim be changed to a new social security field office and a new hearings office.

Of course, the corollary to the question with which we began is "Can your chances of winning disability benefits be improved depending on which judge you get at a hearing?". And the answer is, yes, of course. Just as some judges are known to be harder, and have a higher rate of denial, other judges have a documented higher rate of approval for the cases they decide.

However, since a claimant can never predict when they file a request for a hearing whether or not they will get a sympathetic judge, the best approach to an impending hearing is preparation. Proper hearing preparation usually begins with obtaining qualified disability representation. But it also includes several other things.

Continued at: Preparing for a Disability Hearing to Win Social Security or SSI Benefits








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:

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?
How do I request a Social Security Disability hearing - How do I file?
Requesting a Social Security Hearing when you have a Disability Representative or Attorney
How long does a request for a disability hearing appeal take?
What are the odds of a judge giving you a disability denial?
What is a Social Security administrative law judge disability hearing?
What is the time frame for a judge to make a decision for a disability hearing?
How should I prepare for a disability hearing with Social Security?
What are the questions that get asked at a Social Security Disability or SSI hearing?
If you apply for disability in Massachusetts
Will I qualify for disability Benefits in Massachusetts?
Getting a Disability Lawyer in Massachusetts



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.