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?
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