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My attorney for my SSDI claims that the administrative law judge we got denies a lot of appeals for SSDI. Like a lot more than other judges. I'm not sure where he got this information. Maybe just from his experience or talking to other lawyers. Is there any way to pick a different judge? It seems weird that my disability benefits could depend on who I get for the judge. Thanks.

Administrative law judges and SSDI appeals

Sorry, but no.  It is an interesting issue, however.  I'm not sure of the numbers in this district, but nationally in 2010 the approval rate for individual administrative law judges ranged from 8.6% to 99.7%. That is a HUGE difference.  Apparently the Office of the Inspector General at the SSA is aware of the discrepancy and is concerned by it, but it is unclear what, if anything, can be done to reduce large differences between judges.

As we have discussed in other posts, appealing an unfavorable ALJ ruling to the Appeals Council is often a wast of time.  The Appeals Council, an appellate body that hears appeals from decisions issued by Administrative Law Judges, usually will not disturb the ALJ ruling in the absence of some abuse of discretion or a glaring error of law or procedure. To make matters worse, recent changes in the rules mean that applicants can no longer simultaneously appeal one denial while also filing a new application.

Sorry I don't have better news, but good luck with the appeal.

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