WHAT IS A JUDGE'S ROLE IN SOCIAL SECURITY DISABILITY?

 What are the odds that your disability case will wind up before a judge?  What is the judge's role in this process?

Most Social Security disability claims go before a judge for a hearing.  Only about 25 percent of claims are paid simply by filing an application (the most obvious cases).  The first appeal, called "Reconsideration," pays only about 10 percent of claims.  So, that means approximately 65 percent of claims will go before an administrative law judge for a hearing.

 What is the Judge's Role in the Process?

The judge is there to give you a brand new review of your claim and a new decision.  He or she is a fact finder.  The judge will listen to your testimony, hear arguments by your attorney, review all the medical evidence (including new evidence), and render a new decision.  The judge is not bound by an previous decisions that Social Security has made.  He or she can certainly overrule a denial if the evidence warrants.

The judge presides over the hearing, decides the order in which things are done, swears in everyone who will be providing testimony, rules on objections and asks probing questions of the claimant and attorney.   He/she will issue a new decision within 60 to 90 days after the hearing.

One other important thing the Judge does is to decide the "onset date" of the claimant's disability?  Exactly when did the claimant meet the rules for the beginning of disability?  This date may decide the amount of retroactive benefit or back pay due the claimant.   It's an important fact that the judge will settle in the decision.

Should You Attend a Hearing Unrepresented?

Never, ever.  From the moment you take a seat in the witness chair, you won't understand what happens in the hearing.  The terms and language will be new to you.  If you haven't prepared, many of the questions will be unanswerable.  You may very well say something unintentionally that will get you denied. You may lose thousands of dollars in past due benefits. Usually, the vocational witness called by the government will testify that there are still some jobs that you can perform.  Left unchallenged, this loses the case!  According to government data, you are at least twice as likely to be approved when you use a qualified advocate/attorney. 

What if You Use an Advocate and Still Lose?

If you are represented and still lose your case, or if you win but don't receive any back pay, the attorney/advocate cannot charge you a legal fee, no matter how much work he or she has done for you.  No win, no fees?

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The Forsythe Firm

Huntsville, AL 35806

Phone (256) 799-0297

SERVING ALABAMA and TENNESSEE