WHO HAS THE FINAL WORD ON DISABILITY?

Who has the final say on matters of Social Security disability? Usually it's the Administrative Law Judge (ALJ) at an appeal hearing (pictured above). The judge has authority to overturn everything Social Security has done concerning your claim and can issue a totally new decision.

In the above photo of a typical hearing, you see the presiding judge, a recording clerk, a vocational witness, the claimant and her attorney/representative.

The judge is hearing testimony from the claimant and vocational witness. He will also listen to arguments made by the claimant's attorney. New evidence will be considered at this hearing, as well as evidence previously submitted. Social Security may call a medical doctor or psychologist to give testimony, as well.

Technically, this judge doesn't have the final word--because there are two appeals left if the judge denies the claim. However, a relatively small number of claims ever go past the hearing level. So, for about 90 percent of claims the Administrative Judge has the "final word."

What are your odds before an ALJ?

Based on recent national averages, Administrative Law Judges pay about 45 percent of cases that come before them. Around 18 percent are dismissed for technical reasons (such as late filing). About 37 percent are denied at this level.

Exceptions Worth Noting:

Cases that are represented by an attorney/advocate are twice as likely to be paid when compared to cases with no representation.

If your claim for Social Security disability benefits has been denied, you need to take it to the appeal level. And you need to find an experienced representative to help you. Most claims are won in the appeal process, not in the initial application process. An appeal costs you nothing if you lose, and it costs you nothing if you don't collect past due benefits.

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The Forsythe Firm

7027 Old Madison Pike NW

"Across from Bridge Street"

Huntsville, AL 35806

PHONE (256) 799-0297

"IF YOU DON'T WIN YOU DON'T PAY"