IN A SOCIAL SECURITY DISABILITY CASE, DOES THE JUDGE MATTER?

DOES THE JUDGE MATTER IN A SOCIAL SECURITY DISABILITY CASE?

 

Yes, the judge matters.  Administrative law judges, called ALJs for short, have tremendous latitude in deciding who qualifies for disability benefits.  And they have little oversight, making them fairly autonomous.

An article in the Charlotte Post & Courier  notes that judges come to wildly different conclusions.

A review of the data shows that "some judges approve just 9 percent of the cases that come before them; others, as much as 96 percent."

In my experience, some judges look for just about any way to deny a claim, while others try to be fair and objective.  

Aside from their award rates, judges differ in the way they hold hearings.  Some judges want the claimant's representative to ask most of the questions while others want to question the claimant themselves.  Some judges press the point on such matters as drug or alcohol addiction but others quietly decide if such issues are material.  Some run very long, detailed hearings but other judges can decide in less time. 

One of the advantages of having a representative/attorney at your hearing is:  he/she will know the judge and understand the type of hearing you will have.

 There is an old adage in the military that says, "The best battle plan only survives the first shot."  My paraphrase is:  "A hearing takes on a life of its own once the claimant is sworn in."

Can the Claimant or Attorney Choose the Judge?

Absolutely not.  Judges are randomly chosen by Social Security and you get the judge you get.  This is fair.  But don't believe that all judges are alike in how they reach decisions or in the way they consider evidence or in their demeanor or attitude.  

What Can the Claimant Choose?

 You can choose your attorney, who is referred to by Social Security as your 'representative.'  You can certainly choose one who is well experienced in Social Security disability, one who knows how to prepare and present a case before a judge, and on who has a good track record. 

Some things you may want to avoid in your representative is one who.....

• has little or no  experience with Social Security disability
• doesn't return phone calls
• you can't meet until the day of your hearing
• who is too far away to meet with you right away
• doesn't seem interested in your case

I recommend that you meet face-to-face with your potential representative and become comfortable with his or her representation.  It doesn't cost a dime more to get top notch representation by a professional who has years of experience and a good track record.

Remember that you can get a free initial consultation without obligation.  No attorney or representative can charge you a fee unless you win your case + collect past due benefits.  

YOU CAN CHOOSE WHO REPRESENTS YOU!  (256) 799-0297