Skip to main content

FLORENCE ALABAMA DISABILITY JUDGES

Disability hearings for claimants in Limestone, Madison, Morgan, Lauderdale, Lawrence and Colbert counties are held by judges in the Florence, AL hearing office.

The judges in the Florence office have a below average approval rate.  The national average award rate at the hearing level is 54 percent.  The Florence award rate (all judges) is 45 percent.  That may not seem like a big difference but it is.  

While I think most of the Social Security judges in Florence are fair, we have to wonder whether the 2 or 3 lowest paying judges are biased.  The lowest paying judge awards benefits to only 16 percent of her cases That is one of the lowest award rates in the nation. That's 16 out of 100.  Clearly, her perspective on "disability" is very different from that of the average judge.  Does she only pay claimants that are age 55 and over?  Does she only pay claims that meet Listing level impairments?  Does she think that only 16 percent of claimants have legitimate disabilities that meet Social Security's requirements?  I'm not sure but it takes a very different way of thinking to produce a 16 percent award rate.

The second lowest paying judge in Florence pays only 30 percent.  Far below the 54 percent average.  

Some of the judges in Florence genuinely try to get it right.  Yes, some judges are tougher than others--but most of them do try to be fair and follow the law.  They don't get every decision right because they are human. 

 But many have very bad experiences in Florence because it still is Social Security, run by the government, which is a complete and utter mess.  If you draw a judge with below 40% approval rate then you will need a very good case to win. That usually means that if you’re under 50 you must have a very debilitating condition-- or being 50 or over with a physical condition that prevents the ability to stand and walk--or even to sit for 6 hours a day. If you have sedentary work history within the past 5 years, it is virtually impossible.

But the wisest old adage in the world applies:  "It is what it is."  We work within the system we have.  We prepare the best case we can and present it as forcefully as possible.  But the one thing over which we have no control is:  which judge will you get? 

 

Comments

Popular posts from this blog

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...