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ADMINISTRATIVE LAW JUDGESocial Security Disability & SSI Definitions |
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ADMINISTRATIVE LAW JUDGESocial Security Disability & SSI Definitions |
This information may help claimants with representation, as well as claimants who are not represented by an attorney or non attorney representative. Understanding how the Social Security Disability system works can make the difference between winning or not winning the continuing disability benefits and backpay to which a person is entitled. To win a claim for ongoing and past due benefits, claimants should learn about the disability process to improve their chances of winning. |
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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.
Certain Administrative Law Judges, however, also 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, an ALJ 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 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 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 also well-compensated for their services. In addition to the use of experts, ALJ's also allow claimants---typically via their representatives---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 OHA locations (Office of hearings and appeals). Most states have several Hearing 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 Claimant's 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 ALJ's 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, share one particular bias. They generally approve a far greater percentage of claims in which claimants have representation, rather than vice-versa. For this reason, claimants for social security disability benefits should never consider going to a disability hearing without qualified representation. Social Security Disability and SSI Information |
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