The Social Security Disability Administrative Law Judge (ALJ)

Administrative law judges (or ALJ's, for short) are appointed by, and work for, the federal government, delivering rulings in many areas of statutory law. Administrative law judges who work for the SSA render decisions on Social Security disability claims at the hearings level.

What exactly does an ALJ do in the course of evaluating a disability claim for benefits and backpay? In order to adjudicate a claim, the ALJ in a disability case will normally read a claimant's cumulative Social Security file, which, at the time of a hearing, is referred to as an exhibit file. On certain cases, an ALJ may also rely on expert testimony provided by medical and vocational experts.

Vocational experts (VEs) provide input regarding the range of available jobs for various occupations. In other words, they provide ammunition for judges to assert that "suitable other work" exists for claimants who are unable, for medical reasons, to return to their past work.

Medical experts (MEs) are M.D.'s who provide informed testimony regarding the interpretation of a claimant's medical records.

Experts appear at Social Security disability hearings at the request, and discretion, of an ALJ. Medical and vocational experts are well compensated for their services.

In addition to the use of experts, ALJ's also allow claimants, typically through their lawyers, the opportunity to present new medical evidence, which may strengthen a disability claim and/or refute the findings reached previously by DDS disability examiners.

Administrative Law Judges who hear Social Security disability cases work at ODAR locations (Office of Disability Adjudication and Review, formerly the Office of Hearings and Appeals). Most states have several ODAR offices with a number of judges assigned to each.

How fair are administrative law judges when it comes to making decisions on disability claims? Most Social Security disability lawyers and representatives, regardless of where they practice, will generally agree with this assessment: there are good administrative law judges and there are those that are not as good. Some ALJs are more open minded and objective on disability claims, while others are simply more inclined to deny cases, even cases in which the medical evidence is particularly strong. Obviously, a claimant's success at the hearing level may depend, to some extent, on whichever judge has been assigned their case.

Most administrative law judges, however, generally approve a far greater percentage of claims in which claimants have representation, rather than vice-versa. For this reason, it makes sense to consider hiring a lawyer to represent you in a disability hearing.