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CAN YOU CHOOSE YOUR JUDGE IN SOCIAL SECURITY APPEALS HEARINGS?

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 claim, regardless of how strong the evidence is.



 


 

 

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