DISABILITY SURVIVAL GUIDE: NORTH ALABAMA EDITION

Social Security disability hearings are handled by federal Administrative Law Judges (ALJs).  The judge presiding over your case will be appointed at random by the Office of Hearings Operations (OHO).  Unfortunately, neither the claimant or his/her attorney has any input on which judge handles the case. So, as far as judge assignment goes, it's a big roulette wheel or throw of the dice. Why Does the Judge Matter? It matters because some judges pay a much higher percentage of claims than other judges.  Within the same hearing office, there can be a 35 point spread between the approval rates of one judge compared to another. Or more. Imagine:  One judge pays 65 percent of his/her cases; but another judge pays only 15 percent.  And the types of cases they hear can't be all that much different. Administrative Law Judges have a great deal of discretion in what they consider "credible."    Unfortunately, there are some judge who just will not pay a clai...

Social Security uses their medical rules to determine whether you have a medical or mental impairment that qualifies for a disability benefit. However, they also have "non-medical rules," which have nothing to do with your impairments or medical or mental conditions.  These rules are sometimes called "technical rules."   Non-medical requirements for SSD benefits include   income requirements, marital status, age, citizenship or permanent residency status and work credits . Social Security must also confirm that the claimant is not currently working at substantial gainful activity. Non-medical criteria must be provided by you and, in some cases by your employer, then verified by the Social Security Administration. Non-medical disability criteria are not tied to mental health or medical health conditions. These non-medical rules will vary slightly between Title 2 claims (Social Security Disability or SSDI) and Title 16 claims (Supplemental Security Income or SSI).  Fo...