When yous file a disability claim, it goes through an initial review to see if you authorize for disability.  If you are denied, it then goes through reconsideration.  Hopefully, you are one of the lucky ones who gets approved initially or at the reconsideration level.  However, if you at non approved at either of these levels, you can request a hearing in front of an Administrative Law Judge, or ALJ.

Who is an Administrative Law Guess (ALJ)?

An Administrative Law Guess is an attorney who has at least seven years of experience, though many of the ALJs have been practicing constabulary for quite a chip longer.  An ALJ is not leap past whatever prior conclusion on your example and is obligated to provide a neutral and contained view of your case.  They will consider the basis of why your example was denied, look at your medical evidence, consider your testimony, and heed to your hearing arguments.  They will likewise issue a decision in writing for your claim.

Why am I forced to present my case to an Administrative Police force Gauge?

If yous are pending a hearing in front of a approximate, it means that you have been denied at the initial and the reconsideration level (a few states, such as Louisiana, do non accept a reconsideration level).  At each of these levels, an agency has looked at your file and determined that you are not disabled.  Ordinarily, a medico who has non examined you will expect at your evidence and brand a decision as to your work ability.  The hearing in front of an ALJ is helpful to evidence that the reviewers at the initial and reconsideration levels were incorrect in determining that you are not disabled.

Lawyer judge lawWhat happens at an ALJ Hearing?

The ALJ volition introduce themselves and the other people in the room, briefly discuss the problems, explain the ALJ's role in the instance, and, if you lot accept an chaser, inquire your chaser about the exhibits in your instance.  The exhibits are all electronic, and an attorney volition exist able to review those exhibits prior to your hearing.  The ALJ will also ask if there are any records that have not been submitted due to delays in obtaining them.  Do non be alarmed if in that location are some records missing.  Medical providers can sometimes be non-responsive and most ALJs routinely hold the tape open up then that your medical information can be provided.

After the initial introduction, the ALJ will swear you in and permit y'all to provide testimony.  Some ALJs ask many of the questions for themselves.  Some permit your chaser to perform all or most of the questioning.  Later on you evidence, a Vocational Expert volition evidence.  Another weblog post will discuss vocational testimony.  Briefly, the vocational expert testifies about jobs that are bachelor in the national economic system.  Subsequently the vocational adept testifies, the ALJ will conclude the hearing.

Will I know the ALJ'southward decision at the hearing?

More than likely, you lot will not know the ALJ's decision on the appointment of the hearing.  Sometimes the ALJ will tell y'all his or her decision at the hearing, but that is not common.  More than likely, you will have to wait a few months for the ALJ to result a decision in writing.  That decision will be either a) fully favorable (you won all that you were asking for) b) unfavorable (unfortunately, you did not win your case), or c) partially favorable (the guess found y'all disabled but only for a partial menses of time).

How to win your case in front end of an ALJ

A skilled chaser can focus the testimony you provide on what the ALJ needs to hear.  You need to testify to support your medical show, merely likewise demand to provide testimony to facts that may not exist included in your medical records.  Information technology is important that y'all testify truthfully, and accept care not to either overstate or understate your limitations.  A quick manner to injure your case is to testify to something that is inconsistent with your other medical evidence.  Too, if the ALJ does not believe you on the picayune things, they will have difficulty believing y'all on the big things as well.

A skilled chaser volition make sure all the medical evidence has been provided to the judge.  Sometimes, the initial and reconsideration level reviewers did non take all of your medical evidence.  More likely, since they last reviewed your case, you have undergone additional medical handling.  Perhaps your condition has gotten worse.  All of the records need to be sent to the ALJ for review.

The Constabulary Office of Brad Thomas volition endeavor to get a medical source argument from your doctor that will hopefully support your disability claim.  This bear witness is very helpful to the ALJ as it will explain what your doc thinks that you tin or cannot exercise.  Also, it is helpful to ask the vocational practiced nearly the limitations your doc has provided.

ALJs have a heavy caseload.  Our office will, in almost circumstances, submit a prehearing legal brief, which is a curt summary of your instance with an outline of the reason you are disabled.  This helps the ALJ know the ground of your claim at the outset and assists him or her in blessing your instance.  This also shows the ALJ that they are dealing with an chaser that has carefully reviewed your case.

What if the ALJ was biased against me?

The hearings are meant to be neutral and "not-adversarial."  Most ALJ's take this responsibility very seriously and endeavour to be as fair as they tin can be. If an ALJ appears to be focused solely on your credibility and ignoring the bodily medical evidence or focusing on clearly irrelevant facts, the ALJ is violating SSA'south rules pursuant to Social Security Ruling 16-3p.  These issues need to be brought up on appeal, as the Appeals Council can remand the case if they feel the ALJ has violated the non-adversarial nature of the proceedings.

If you feel that an ALJ has been biased against y'all, there are mechanisms to show unfairness, prejudice, partiality, bias, misconduct, or discrimination by an ALJ. However, the SSA is deferential to the ALJ, evaluating these allegations nether an "corruption of discretion" standard.  Before making these allegations, please be aware that the mere fact that an ALJ has denied your case does not equate into bias.  As well, simply being wrong about the law and the facts is not the same as existence biased.  From experience, it is easier to prove the ALJ was completely incorrect on appeal rather than to prove he or she was biased.

Please note that the vast majority of ALJ's are polite and friendly during your hearing.  They realize you have been waiting for some fourth dimension for this hearing and fully allow yous to present your case.

Conclusion

ALJ hearings can be stressful.  A skilled attorney can talk y'all through the procedure, make sure you are prepared for the questions you are going to be asked, and verify that the SSA has the correct medical evidence.