Social Security Disability Judges Approval Rates

When Will I Know The Alj Hearing Outcome

Most judges dont announce their decisions at the end of the hearing. Usually, in about 4 to 8 weeks, the judge will issue a written decision you will get a Notice of Award in the mail from the judge.

If the judge does issue an immediate decision at the hearing, you will also be sent a formal written NOA in the mail.

Ssdi Approval Rates In Louisiana

I have compiled and analyzed statistics of the ALJs at Louisianas ODAR offices. These statistics were compiled by Social Security itself for September 30, 2017 through July 27, 2018. I used that information to take a look at all of the ALJs determining disability benefit decisions for Louisiana SSDI claims. I separated the information by ODAR office and sorted by the administrative law judge’s approval rate from highest to lowest. The award numbers include both fully favorable and partially favorable awards.

The national average award percentage was 54.7%. The Louisiana average was below the national average at 49.3%.

Approval rates for three of Louisianas four ODAR offices came in below the national average. Alexandra at 44.8%, Metairie at 41.0%, and Shreveport at 48.7%. New Orleans was the only office to come in above the average at 59.3%.

Approval rates for ALJs in Louisiana with at least 10 decisions range from a high of 78% to a low of just 8.9% and everywhere in between.

While this information provides a statistical representation of how ALJs have decided the cases before them during the reporting period, I will note that an ALJ can only make a decision based on the facts of the case in front them. What this means is that each case is different and you should not rely on the statistics provided above to determine whether or not your specific case will be decided one way or another.

Your Medical Condition & Limitations:

The ALJ is trying to discern any limitations you have that affect your ability to perform work tasks as well as to carry out activities of daily living.

The judge will ask about your medical condition itself, the date of diagnosis, and how your symptoms affect your ability to work and manage other aspects of your life.

No one is expecting you to answer like a doctor. Take a breath, and answer honestly with what you know, how you feel, what you experience, and what you believe to be correct.

The ALJ will likely ask targeted questions about your symptoms. For example, if you have pain, the judge may ask:

• Can you tell me about the pain you are experiencing?
• Where is the pain located?
• Can you describe what your pain feels like?
• What brings the pain on? Does it come and go? How long does it last?
• Can you rate your pain on a scale of 1 to 10?
• Are other symptoms associated with this pain, such as swelling, weakness, cramping, or heat?

The ALJ might further ask you

• How have your symptoms affected your life?
• How often do you see your doctor?
• What treatments have you undergone? Have any treatments helped?
• What medication do you take now? How much does it help and for how long? Are there any side-effects?

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There Are Three Possible Decisions The Alj Can Make:

• Fully favorable: In a fully favorable decision, the ALJ finds that you are unable to work due to the disability AND agrees with your disability onset date . The disability onset date determines the amount of disability back pay you are entitled to receive.
• Partially favorable: In a partially favorable decision, the ALJ finds that your disability affects your ability to work but disagrees with the disability onset date. This means that you are entitled to disability benefits, but the amount of disability backpay you receive, if any, will be decreased.
• Denial: If the ALJ finds that your disability does not interfere with your ability to work, she will deny your claim entirely. Your only recourse in this situation is to file an appeal with the Appeals Council. You have 60 days from the date the ALJ issues her ruling to appeal. An appeal can be based on either a claim that the ALJs decision was not based on substantial evidence or if new medical evidence has become available since the hearing that the ALJ was unable to review.

Wait Times For A Social Security Or Ssi Hearing Date

Although the window for filing the hearing request is short, the wait for being assigned a hearing date ranges from long to very longtypically twelve to eighteen months and in some areas as much as two years. The variation in wait times from one Office of Disability Adjudication and Review to another is related to how many hearing requests are processed through a specific hearing office and the number of judges available in each office.

Social Security publishes a list of statistics on average hearing date wait periods for all the hearing offices. The list, which is organized alphabetically by the city in which the ODAR office is situated can be found at .

Statistics show that each Administrative Law Judge clears two or less hearing decisions a day. Average processing times from request for hearing to the issuance of a decision letter range from 144 to 855 days with most falling in the 400 to 680-day range .

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You May Elect To Appeal The Aljs Decision

For the next level of appeal, you request that the Social Security Appeals Council hears your case. Details about how to appeal will be in your NOA. You need to request Appeals Council review in writing within 60 days of receiving the NOA.

The operative word here is request because you are not automatically entitled to a review by the Appeals Council. Why is that? At this level of review, the process is very different.

The Appeals Council does not agree or disagree with the decision that you can return to work the Appeals Council can only review whether there was an error in law made by the ALJ.

Once the appeal is requested, the Appeals Council can review an appeal for a year before deciding to reverse a denial, remand the case back to the ALJ who denied the claim, or decline to review the case.

What Are The Approval Ratings Of Massachusetts Social Security Disability Administrative Law Judges

While each case is different, below are the current statistics published by the Social Security Administration per judge in Massachusetts and other neighboring states. While these percentages seem low, remember that many cases are dismissed if a claimant does not show up or abandoned their case. These abandoned files bring the percentages very low.

In addition, your chances of success are much higher with an attorney representing you. The percentages below also include claimants who are unrepresented and had no legal counsel at the time of their hearing, another surefire way to reduce award levels.

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How Should I Answer The Aljs Questions

Be truthful and forthcoming at all times. No matter what the ALJ asks at your hearing, you want to answer all questions to the best of your ability. This means you must listen as attentively as you can, so your answer to the judges question is specific.

Keep your answer brief and on point If youre not sure what the judge is asking, ask them to repeat it. Never interrupt, and stay respectful and amiable.

Some claimants want to exaggerate their symptoms and limitations, thinking this will help their chances of winning benefits. This is never a good idea, because the ALJ may believe you are not being honest. The minute that happens, you lose credibility.

Other claimants tend to be stoic and brave and make out like they are more capable of doing activities than they really are. This approach never paints a true picture of your claim.

Just be calm, and be honest in your responses. A clear description of your disabling condition and the effect it has on your life is what you need to portray.

Your disability lawyer will prepare you for the judges questions, help you sort out your questions, and will be at your side to ensure your case is presented with every detail accounted for.

Tips For A Speedy Disability Hearing

• Reapply as soon as you receive a written denial notice, which will allow you the quickest hearing date possible.
• Appoint a lawyer or other representative as early as possible.
• Submit all additional evidence at least five days in advance to the ALJ. This step can make an ALJ hearing completely unnecessary if the medical evidence shows you cannot work.
• Do not reschedule at ALJ or AC level.
• At the AC hearing, you and your representative should only request copies of hearing recordings and exhibits from the ALJ hearing if you need them for your appeal.
• A videoconference option is always faster

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What Are The Chances Of Winning A Social Security Disability Appeal

If your SSDI claim was denied, you might wonder what your chances of winning a Social Security disability appeal would be.

The Social Security Administration allows denied applicants to appeal their decision on four escalating levels. The odds of winning an appeal vary depending on the level of your appeal. However, there are other ways to increase your chance of a positive outcome. Having a Social Security disability lawyer on your side can be invaluable as you fight to get the benefits you deserve. In Florida, the experienced disability attorneys of Rue & Ziffra can help you increase your odds of getting approval on your initial application or on appeal.

Average Wait Time Until Hearing Held Report

A presentation of the average time from the hearing request date until a hearing was held for cases closed in the Office of Hearings Operations’ hearing offices or national hearing centers. This allows users to estimate the amount of time they may have to wait for a hearing to be held.

NOTE:

An office or individual not included indicates there was no report-specific data for that office or individual for the report period.

We’re sorry…the data for this table has not loaded properly.

* Satellite Offices reported separately from their parent office.

Disclaimer:These data are being made publicly available for research purposes. Any findings and conclusions derived from analyses of these data are attributable to the researcher and do not reflect those of the Social Security Administration.

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Why Is A Vocational Expert At My Alj Hearing

Most ALJs rely on VEs to provide expert opinion evidence to help them determine whether you can do your previous work or other work. The VE does not question you he or she only responds to the AJLs or your attorneys questions.

Hearings generally conclude with the testimony of the vocational expert. Questions posed by the ALJ to the VE address issues that could be decisive in your case. The judge will raise hypothetical situations to the VE about:

• what sort of jobs youre capable of, based on your impairments
• the types of jobs that you could potentially do based on your age, education, and experience
• how many of those jobs exist in the national and local economies
• analysis based on transferable skills: .

Your lawyer can question the VE about the types of jobs you can perform. In our experience, vocational expert testimony can often be argued and proven different than what the VE believes.

Likewise, a judges decision can be overturned or sent back for rehearing should that judge fail to consider every impairment that our client suffers from.

As your attorneys, we will see to it that the right questions are asked. We make sure that every symptom, impairment, and combination of impairments you experience, as well as your actual occupational skills and limitations, are properly considered by the VE and the judge.

How Does The Assigned Alj Affect My Social Security Disability Hearing

The job of an ALJ is to apply the law to the facts of your case and determine whether or not you qualify for Social Security Disability benefits. The law is pretty developed, and Social Security has procedures on top of procedures to ensure that a consistent decision-making process is employed.

In theory, it should not affect you in any way which disability judge is assigned to your case.

However, the numbers paint a different picture.

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Where Your Claim Is Decided

Where a claim is reviewed has an effect on approval rates too. DDS offices in various states have different rates of approvals, just as SSA hearing offices in different states have different rates of approvals. A Social Security study published in 2018 found quite a bit of geographic variation in approval rates. The study found that the variation stems from differences in health as well as differences in socioeconomic factors like access to health care, education, and unemployment rates.

To find your state’s approval rates at the initial disability application state and after appeal, see our state disability resource pages.

The Administrative Law Judge Will Not Announce Her Decision At The Hearing

The Office of Hearing Operations discourages Administrative Law Judges from announcing their decision at the close of the hearing. A small minority of ALJs nevertheless announce their decision if they intend to approve the claim. Almost no ALJs announce their decision during the hearing if they intend to deny the claim. Most experienced social security disability lawyers, however, will have a good sense after the hearing as to whether the claim will be approved.

On average, it takes between 2 to 4 months for a decision to be prepared and sent to you and your representative by mail. The decision will either be Fully Favorable, Partially Favorable or Unfavorable,

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About Citizens Disability Llc:

Since 2010, Citizens Disability has been Americas premier Social Security Disability institution. Our services include helping people in applying for SSDI benefits, managing the process through Reconsideration, and representing people in person at their Hearing, and if necessary, bringing their case to the Appeals Council. Our mission is to give a voice to the millions of Americans who are disabled and unable to work, helping them receive the Social Security Disability benefits to which they may be entitled. Learn more about us and disability benefits like SSDI & SSI or give us a call 492-3260.

Citizens Disability is committed to helping keep people safe from fraud. We will never ask for personal details to start an SSDI application over Facebook or social media. We will only ask for certain details, in private messages, to confirm the identity of a client in a customer service situation. The only way to begin an SSDI application with us is on the phone, through a number found on our website, or one of our clearly-marked advertisements. Please keep your personal details safe, don’t share them in a public forum, or with individuals who solicit your information.

When And Where Is The Hearing

Hearings can be teleconferenced or in person. Currently, due to the COVID pandemic, all hearings are being held via teleconference. It is possible that due to the extended nature of this pandemic, all future SSA hearings may be via teleconference.

As for timing, this can vary quite a bit. Some claimants will see a judge within a few months, but many can wait six months or more. The volume of cases is difficult to predict, but during periods of high unemployment many more people will apply for disability. This means it may take longer for SSA to adjudicate claims.

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What Will My Attorney Do

Your attorneys job is to protect your rights before, during and after the hearing, so you present the best case possible to the judge.

Even at this stage, there are many options available to you to strengthen your claim. Your disability attorney will help you understand what went wrong and develop your claim with relevant information to fill in any gaps and reinforce weak areas of your case.

We prepare for the ALJ hearing by working with your doctors. We assemble all necessary documents and exhibits, and present new information and evidence on your behalf in a format the judge expects.

Our attorneys make sure you are personally advised and ready for the questions to be asked of you. During the hearing, your attorney will be at your side to present you as an honorable and credible person.

We know that judges and expert witnesses are not infallible. Mistakes can easily be made if all evidence is not properly looked at by the judge or VE, or important facts are ignored.

We will challenge the validity of any unfavorable opinions that may be given by SSAs medical or vocational experts, and intercede with appropriate arguments when an ALJ fails to develop the facts or makes legal errors.

SSAs own statistics show that ALJs are far more likely to award disability benefits to claimants represented by an experienced disability attorney. Our own conversations with ALJs make it clear they prefer claimants who are represented by experienced disability attorneys.

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• Answer : What Happens at a Social Security Disability Hearing? https://youtu.be/LwFe3qk-KrQ SOURCE: YouTube The ALJ may ask questions of: * Vocational expert.

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Still, as a family unit, you may still receive a total of 150% or 180% of your benefit amount, since they can receive the reduced benefits in addition to your benefits.Offsets for Other Disability Benefits.If you receive multiple disability benefits at the same time, Social Security Disability may be reduced. SSD is designed to essentially be. Sep 21, 2020 · As an example, say you stopped.

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