Saturday, April 22, 2006

Are Social Security Disability Judges Ogres?

Its always going to be the case that the social security disability evaluation system is characterized as insensitive and unsympathetic, as well as incompetent, simply because...well, because it is.

And, correspondingly, it may always be the case that administrative law judges are characterized as ogres. Are they all ogres? Of course not. But enough of them are ogres that the label may suitably stick to the front of a ready-to-wear shirt, the back of which is emblazoned with oversized letters proclaiming the acronym, A L J.

Why am I writing this particular blog post at 4:41 am EST? Well, I went to bed way too early for one thing. But, for another, I just read a letter that someone sent me. This was from a woman who, apparently, has gone to a hearing and has been given the opportunity to find representation (shouldn't have gone to a hearing without representation in the first place - bad move).

The problem is, as she puts it, she can't find a rep because everyone hates the judge. Hmmm. Could an ALJ be this bad? I don't see why not. I know two very successful disability attorneys who avoid one particular hearing office (greensboro north carolina) as though it was infested with ebola, bird flu, and bubonic plague all rolled into one. The first attorney HATES going to that office because, as he puts it, it has become permeated with "an adversarial funk". The second attorney simply WILL NOT rep anyone who lives in an area serviced by that hearing office.

So, could an ALJ be that bad? I think the answer is yes. In fact, all you have to do is round up a thousand individuals who have been to ALJ hearings (assuming you could do this) and you'll get more than a few interesting stories of how rude and obnoxious a federal employee can truly be (make no mistake: administrative law judges are E-M-P-L-O-Y-E-E-S of the federal government just as claims reps at social security offices are). In fact, at this point, I wish I had cataloged some of the more derogatory comments that disability judges have casually tossed at claimants at hearings, because, as reported to me by claimants, some were pretty bad.

Why does this happen to be the case as often as it is? I've written on my website about this a few times. Probably it has to do with this disappointing inherency of human nature: in positions of authority and import, you will invariably see abuses. In other words, its just human nature to have this tendency to be an a%#hole. Some of us, of course, control it better than others. And some of us don't,

Should an ALJ ever act like an a*^hole to a person who shows up at a disability hearing (who, these days has been waiting for a godawful number of months for a hearing and has suffered the kind of stress---due to lack of income, an inability to pay bills, hounding from creditors, and a lack of proper medical treatment and medications---that no one should have to bear) ?

No. And there is no excuse for it. But it happens nonethless. Where do you send a complaint if you've been treated badly by a disability judge? You can try mailing a letter here along with your name, address, phone number, social security number, the date and location of your disability hearing, and the name of the judge who heard your case:

The Chief Administrative Law Judge
Office of Hearings and Appeals
5107 Leesburg Pike
Falls Church, VA 22041-3255


However, it may be better to simply call your congressman and have one of their staffers make an inquiry. Disability Judges are employees, after all, and being rude to the disabled just doesn't make for good press.

Post Script: I should point out that the judge cited by the woman was nice enough to allow her the opportunity to seek representation.




Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Filing a disability claim - don't procrastinate, get it done ?
Apply for SSI
How to qualify for disability
Social Security Disability SSI Georgia

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Past Posts

How do you apply for Disability ?
What happens after you apply for Social Security Disability or SSI?
How does Social Security decide Disability cases?
How long does it take to get a decision on a Disability case?
Why does it take so long to get a decision on a Disability case?
What if you get denied for Social Security Disability or SSI?
How do you file a Disability appeal?
Social Security Disability and Medical Evidence
Correct Steps for Filing a Social Security Disability Claim
Filing for Disability - Doctors and Documentation
Will I get disability with Bipolar Disorder ?
Mental Testing When You Apply for Disability for Depression
The chances of winning Disability on an appeal?
How bad should my condition be before I file for disability ?
How does Social Security decide if I am Disabled ?
How long does it take to get a hearing for disability ?
What are the chances of winning at a disability hearing ?
Approval Criteria for Disability
Conditions that Social Security will recognize as a disability
Disability Determination
Social Security Disability Requirements
Denial of Disability, Pain, and Medical Records
The criteria for social security disability and ssi
How can you improve your chances of winning disability ?
SSI Disability
File for disability as soon as possible
For what medical conditions can you be approved for disability ?
Qualifying for Disability - How difficult ?
What Does Social Security Consider To Be a Disability?
How to Qualify for Disability - social security disability or SSI
Social Security Disability Claims and Disability Lawyers
Applying for Disability with Depression
Filing for Disability with Fibromyalgia
Social Security Disability Qualifications
Fibromyalgia and Disability Judge Perceptions
Denied for Social Security Disability
The Second Social Security Disability Appeal
Do you have to be totally permanently disabled to get disability ?
Social Security Disability Backpay, SSI back pay
Social Security Disability SSI status
Social Security Disability System
Who is eligible for Social Security Disability or SSI?
Disability and other work
Applying for Disability Based on MS, Multiple Sclerosis
Tips for Filling out a Social Security Disability Application
How Do You Get Approved for Disability with Social Security?
SSI Reconsideration easier than an SSD Reconsideration?
What does social security mean when they say you can return to your past work?
Social Security Disability, Medical Records and a Disability Attorney
Denied the second time for Social Security Disability
How many Social Security Disability and SSI cases get denied?
Appeals for Social Security Disability
SSI Benefits
Social Security Disability Appeal
Social Security Back Pay
Application for Disability
Disability Denied
How to get disability
Disability Requirements
Social Security Disability Benefits
Application for Disability
Disability Appeals
Total Disability and social security disability
Social Security Disability Attorney Fees
Qualify for Social Security Disability
How Does Social Security Decide Your Disability Claim ?
What to Expect at a Social Security Disability Medical Exam
Social Security Disability Denied - Why did this Happen?
How to get SSI
Social Security Disability Status on a Case
When should you file for Disability Benefits
Social Security Disability Questions
Getting Disability Benefits
Social Security Disability Claim Advice
How to get approved for SSI disability
Can I win my disability case ?
Social Security Disability and the right doctor to win?
Social Security Disability Applications
Medically Disabled for Social Security Versus the Definition of Disability
Social Security Disability List of Impairments
Can I improve my chances of winning disability ?
If I get approved for disability will I get back pay ?
The social security disability process for disability claims
Disability Claim denied
Disability Applications
How do I Apply for Disability Benefits ?
How to get Approved for Disability - Information on claims
Appealing a Denied Disability Claim
What to do after a Disability Claim is Denied
Disability Lawyers and Finding YOUR Disability Lawyer
SSI Claim for Disability benefits
Questions about Disability benefits
Social Security Disability Frequently Asked Questions and tips
More Frequently Asked Questions about Social Security Disability and SSI
Questions about applying for disability - Advice and Tips
Questions about Social Security disability SSI plus advice tips
The list of lists Social Security Disability SSI Tips Advice
Questions about SSD Social Security Disability FAQ
Social Security Disability Mistakes
Social Security Disability and Medical Conditions
Social Security Disability Residual Functional Capacity Form
Residual Functional Capacity - Social Security Disability and the RFC form
Update on a Social Security Disability Application
Drawing Social Security Disability Benefits for a medical or mental condition
What's so hard about filing for disability?
How much does it cost to process a Social Security Disability Claim?
Anxiety and Panic before a Social Security Disability Medical Exam
Social Security Disability Benefits and Pain
How does Social Security Disability use your Work History?
I Never Met With My Disability Attorney before my SSD Hearing
Being Prepared for a Social Security Disability Hearing
Social Security Disability and Fibro Fog
Social Security Disability Psychological Exam and Questions that get Asked
Decisions on Disability Applications - Fully and Partially Favorable
How will a Social Security Doctor determine my illness?
How long does it take to get a decision from a Disability Judge?
Questions about social security disability hearings
Claim denials, denied cases, and being turned down
Should your Doctor determine if you get Social Security Disability or SSI?
Social Security Disability Hearing Decisions
Appyling for SSD - Disability Application Information
Social Security Disability SSI and Hepatitis
Will you get Social Security Disability if you can't do your old job?



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Recent Denial Rates for Disability Applications

Filing for Disability in California - In California, 55.5 percent are denied.
Filing for Disability in Texas - In Texas, 61.5 percent are denied.
Filing for Disability in Pennsylvania PA - In pennsylvania 55.1 percent are denied.
Wisconsin - 62.6 percent denied.
Filing for Disability in Washington - 58.9 percent denied.
Filing for Disability in Virginia - 61.6 percent denied.
Filing for Disability in Massachusetts - 54.7 percent denied.
Maryland - 66 percent denied.
Filing for Disability in Michigan- 64.1 percent denied.
Minnesota - 57.6 percent denied.
Mississippi - 72.8 percent denied.
Missouri - 66.8 percent denied.
Nevada - 50.4 percent.
Filing for Disability in New Jersey - 50 percent.
New Mexico - 59.6 percent.
Filing for Disability in New York - 61.9 percent.
Filing for Disability in North Carolina NC - 67.2 percent.
Filing for Disability in Ohio - 71.1 percent.
Oklahoma - 66.1 percent.
Oregon - 66.3 percent.
Arizona - 53.4 percent.
Arkansas - 63.2 percent.
Colorado - 73.7 percent.
Filing for Disability in Florida - 64.9 percent.
Filing for Disability in Georgia - 71.8 percent.
Filing for Disability in Illinois - 61.2 percent.
Filing for Disability in Indiana - 67.8 percent.
Kansas - 67.3 percent.
Kentucky - 67.7 percent.
Louisiana - 68.8 percent.
Filing for Disability in Tennessee - 74.3 percent.
Alabama - 70.6 percent.
Connecticut - 62.2 percent.
Utah - 69.8 percent.

























Note: This blog is not intended as medical advice or legal advice, should not be construed as such, and does not establish a representative-client relationship.