what is adminersative lawyer judges for social security

Administrative law judges (or ALJs, for short) are appointed by, and work for, the federal government, delivering rulings in many areas of statutory law. Administrative law judges who work for the Social Security Administration (SSA

) make decisions on Social Security disability claims at the hearings level.

Full Answer

What does an administrative law judge do for Social Security?

Administrative law judges (or ALJs, for short) are appointed by, and work for, the federal government, delivering rulings in many areas of statutory law. Administrative law judges who work for the Social Security Administration (SSA) make decisions on Social Security disability claims at the hearings level.

Are there good social security disability judges?

Most Social Security disability lawyers and representatives, regardless of where they practice, will generally agree with this assessment: There are good administrative law judges and there are those that are not as good.

How does the Social Security disability administrative law judge decide disability appeals?

The Social Security Disability Administrative Law Judge (ALJ) Social Security judges decide disability appeals after reading the exhibit file and questioning the applicant and experts.

Where can I get an administrative law judge?

Administrative Law Judges. Other federal agencies with ALJs include the Department of Labor, the Department of the Interior, the Department of Agriculture, and the Drug Enforcement Agency. Federal agencies that do not maintain ALJs can request an ALJ from the United States Office of Personnel Management.

What is the role of an administrative law judge?

Administrative law judges (ALJ) (not administrative judges) are executive judges for official and unofficial hearings of administrative disputes in the Federal government.

Is Social Security part of administrative law?

Social Security is home to the country's largest administrative law system. The Office of the General Counsel and the Office of Hearings Operations are the two components of Social Security staffed primarily by attorneys and legal support professionals.

What usually happens to decisions of administrative law judges?

An administrative law judge's decision is not binding legal precedent in other cases unless it has been adopted by the Board on review of exceptions; these judges function much like trial court judges hearing a case without a jury.

What is meant by the term administrative judge?

Legal Definition of administrative law judge : an officer in a government agency with quasi-judicial functions including conducting hearings, making findings of fact, and making recommendations for resolution of disputes concerning the agency's actions. — called also administrative judge.

Can a decision by the ALJ be overturned?

The only way to overturn a decision made by an ALJ is to file an appeal with the Appeals Council. You can file an appeal to the Appeals Council by sending the SSA a letter or submitting Form HA-520.

How long does it take for ALJ to make decision?

Sometimes (rarely) an ALJ will announce a favorable decision at the hearing. Usually, however, it takes 2-3 months to get a decision. Sometimes it can take six months or longer. (In our experience, the longer it takes for the ALJ to make a decision, the more likely it is that the decision will be unfavorable.)

Do you call an ALJ Your Honor?

Be respectful of the administrative process, and address the Administrative Law Judge as “Your Honor” , “Judge”, or “Mr. or Ms….” but do not address the Judge by his or her first name or as a “hearing officer”. 2.

Who can review a decision made by an administrative law judge?

(a) The Administrator or any interested party desiring review of the decision and order of an administrative law judge, including judicial review, must petition the Department's Administrative Review Board (Board) to review the ALJ's decision and order.

What are some examples of administrative law?

Administrative law helps to expedite many legal issues in the United States. Examples include the EPA, the FDA, and the Department of Homeland Security. The agencies covered under administrative law help to make decisions and determine rules in order to minimize the legal entanglement of the process.

Is an ALJ a real judge?

An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes (in other words, ALJ-controlled proceedings are bench trials) involving administrative law.

Is an administrative judge a real judge?

An administrative law judge serves as both the judge and the jury in an administrative hearing. The Administrative Procedure Act requires that administrative law judges preside over hearings during formal adjudication proceedings, but they may also preside over hearings during informal adjudication.

What is the difference between an administrative judge and an administrative law judge?

The primary difference is that Administrative Judges serve at the will of and under supervision of the agencies while Administrative Law Judges have decisional independence guaranteed by the Administrative Procedure Act.

Q. How long will it take to start receiving Social Security Disability payments?

The period of time it takes for you to start receiving your Social Security Disability payments will depend on whether your initial application for benefits is approved or denied.

Q. Do I have any chance of winning a SS disability case when I am a young person?

A. Yes. While age is an extremely important consideration in deciding disability cases, the SS office will also look at education, job experience, and vocational possibilities in a national job market.

Q. What is an Administrative Law Judge Social Security Hearing?

A. Social Security hearings are held by a judge called an Administrative Law Judge (ALJ). The hearings are relatively informal and have no District Attorney or U.S. Attorney present representing Social Security. Some ALJs will ask questions, some will let your lawyer ask all the questions.

Q. What should I do when Social Security denies my claim?

A. Most claimants are denied several times before they receive a favorable decision on their claim. DO NOT GIVE UP. Your best opportunity to prove your disability occurs with a lawyer at an Administrative Law Judge (ALJ) hearing.

Q. Should I try to work if I have applied for Social Security?

Yes. While you cannot be eligible for Social Security benefits while you are working full time, the law does permit you to make "work attempts" for periods of time without any penalty to you. However, you should report any work attempts and should be very candid with your lawyer and the ALJ about all the times you worked or tried to work.

Q. How do lawyers get paid for handling SS disability cases?

A. Most attorneys charge a contingent fee which is the lesser of $5300 or 25% percent of your back benefits. A contingent fee means that if your claim is denied, no attorneys fees are owed. The Administrative Law Judge must review and approve employment agreements before any legal fees can be charged.

How to become an administrative judge?

To become an Administrative Law Judge: 1 You must be licensed and authorized to practice law; 2 You must have seven years of experience in litigation or administrative law as a licensed attorney; and 3 You must apply directly to a posting on the Office of Personnel Management’s USAJOBS website once available.

What is an ALJ?

An Administrative Law Judge (ALJ) serves as an impartial judge at regulatory and benefits-granting agencies.

How can I win my disability hearing?

The following tips can help you win your SSD hearing : Hire an Experienced Social Security Disability Attorney. Make Sure You Attend the Hearing . Appearances Matter. Familiarize Yourself With Your Case and Medical Records. Don’t Minimize Your Disability .

What happens at a SSDI hearing?

If you were denied disability benefits and then also denied benefits at your reconsideration, your claim will progress on to a disability hearing . An administrative law judge (ALJ) presides over a disability hearing . These hearings are not open to the public, so anyone accompanying you will be left in the waiting room.

What is an administrative law judge hearing?

Administrative law judges (ALJs) preside at administrative hearings in order to resolve disputes between government agencies and people affected by the decisions of those agencies. ALJs can administer oaths, rule on questions of evidence, hear testimony, and make rulings, very much like a trial judge .

What is the most approved disability?

According to one survey, multiple sclerosis and any type of cancer have the highest rate of approval at the initial stages of a disability application, hovering between 64-68%. Respiratory disorders and joint disease are second highest , at between 40-47%.

What are my chances of winning my disability hearing?

Nationally, about 47 percent of all cases at the Hearing Level are won by claimants. Bear in mind, this percentage is for ALL claimants whether or not they were represented by a lawyer at the Hearing Level.

What can you not say at a disability hearing?

The following five statements should never be announced at your disability hearing . “I can’t work because no one will hire me.” “I don’t know why I’m here. “I don’t do chores because my significant other, friend or family member does them.” “I have never used drugs or alcohol in my life.”

What does the judge ask you at a disability hearing?

Every claimant in a disability hearing will be asked to state their full name, Social Security number and mailing address. You will also be asked how old you are, your date of birth, height and weight.

What happens after an ALJ hearing?

Following your hearing, the judge reviews the evidence in your file as well as the information and testimony you presented at the hearing. The ALJ then makes their decision. They can approve your claim, allowing you to receive benefits. They can deny your request , at which point you can move to the next step in the process, the Appeals Council.

What is a disability hearing?

A Social Security disability hearing is a step in the appeals process. In most cases, before granting an applicant is a disability hearing, the applicant must receive denials of both their initial claim and a written appeal. The disability hearing is thus the third step in the process, and according to public data files, it is the step where applicants have the highest approval rates.

What does an ALJ weigh in a civil court case?

During an administrative hearing, however, the ALJ will always weigh the evidence and make factual determinations.

What is the APA for an ALJ?

Most people consider ALJs to be part of the executive branch as opposed to the judicial branch. Despite this, the APA imbues ALJs with substantial decisional independence and provides them with immunity from any liability stemming from their judicial acts. Contrary to popular belief, ALJs operate independently from the agencies that are involved in particular disputes. If the Department of Defense is a party to an administrative proceeding, the agency may not have any ex parte communications with the ALJ or influence the ALJ’s decision by improper means. The APA includes many provisions to ensure that ALJs are not pressured by other parties or agency officials.

How long does an ALJ stay with the agency?

Once a request is submitted, the Office of Personnel Management will send an ALJ from another federal agency to the requesting agency for a period of six months.

What is an ALJ?

Administrative Law Judges. In the United States, an administrative law judge, or ALJ, serves as the judge and trier of fact who presides over administrative hearings. ALJs have the power to administer oaths, make rulings on evidentiary objections, and render legal and factual determinations. ALJs are appointed pursuant to ...

Do ALJs have to be independent?

Contrary to popular belief, ALJs operate independently from the agencies that are involved in particular disputes. If the Department of Defense is a party to an administrative proceeding, the agency may not have any ex parte communications with the ALJ or influence the ALJ’s decision by improper means.

Can an ALJ be removed?

The ALJ appointment proceeding is the only one based on merit in the United States. Once appointed, ALJs may only be removed for cause. Complaints against ALJs regarding the performance of their duties are filed with the Merit Systems Protection Board. Many federal administrative agencies have numerous administrative law judges.

Where do the judges come from for Social Security?

It is generally the third step of the appeal. The judges in the Asheville area either come from Kingsport , Tennessee or Greenville South Carolina to have hearings in Asheville. It’s important that you have a lawyer with you when you go in front of the judge because every judge like any other human being has certain characteristics, thoughts, and ideas about social security that with knowledge of this you may have a better hearing than if you go in there cold and don’t know anything about the judge. So I would recommend you consult a lawyer who is familiar with the judges and appears before them regularly.

Does SS require mental health?

A. Yes. SS law requires a consideration of mental as well as physical factors in deciding disability. The key to establishing disability is the proof that the disability condition continue at least twelve (12) months or more. Mental ailments that have or are expected to last more than twelve (12) months qualify for disability if the condition is supported by mental health professionals. Disability does not have to be permanent for mental or physical conditions.