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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.
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