Questions About The ALJ and Decision Process

Connect With a Disability Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small
Related Ads

I had my social security disability hearing back in May.I had to move from the state I was living in when the ALJ heard my case.In November the judge sent me for another evaluation where I live now. It was less than a physical, really. It is going on February and still no solid answer.

My disability Attorney said that the ALJ sends his decision to a department where it can be looked at for errors and then they send it back to him, where he signs it and it's mailed to me.That would tell me that a decision has been made. But when I called the 1-800 number I got someone nice enough to look up the status for me, they told me it says ND or no decision. What are the chances that it says denied for ssd and they just didn't want to tell me?

Also, if I was going to be denied, would the ALJ have taken so long looking at my social security case, making me wait, May till November, ordering a test, then making me wait even longer? Seems like issuing a denial would be something that would have quickly been done.

You've raised a number of different issues, so I'll try to address each in the order you've mentioned them.

About the Consultative Exams

First, regarding consultative exams, these are typically very short in duration (let me repeat---very short) and tend to be of little value other than the fact that they provide recent medical evidence.

Decision in Writing

Second, regarding your attorney's statement that the "ALJ sends his decision to a department where it can be looked at for error", what he really should have said was this: the case has gone to a decision writer. ALJ's do not compose notices of decision. This is the job of an attorney or non-attorney decision writer.

Disclosure of Decisions

Third, personnel at a hearing office or a DDS (disability determinations services) office will generally not disclose a claim decision over the phone, regardless of whether the claim has been approved or denied.

Length of Time Before a Judge's Decision

Fourth, how long an ALJ takes to render a decision on a case has no bearing on the potential outcome. ALJ's, as a rule of thumb, will keep a case open as long as they see fit (to allow for record gathering, consultative exams, etc) before rendering a decision and closing the file.

Good luck on your case.



LA-WS5:0.9.17.120208.12696+