Can A Alj Make A Decision Without A Hearing

(Page 2 of 2 of Top 10 Mistakes Social Security Judges Brand on Your Disability Case)

If you've received an unfavorable or partially favorable decision afterwards your disability hearing, you should examine the Administrative Police Judge'southward determination for factual or legal errors. If yous find a pregnant error that could change the event of your case, you should appeal your example to the next step, the Appeals Quango.

Some of the most common errors made by Social Security include failing to afford proper weight to your treating doc's opinion, assigning you an incorrect Rest Functional Chapters (RFC), or request incomplete questions of the Vocational Skilful (VE). (Read most those errors in the first page of this article, on mutual mistakes made by Social Security judges.)

Here are several more mistakes ALJs brand in their decisions that you tin appeal to the Appeals Council, all having to do with when the judge improperly ignores or discounts available evidence.

ALJ Didn't Give Specific Reasons for Non Finding You Believable

The ALJ is required to make a determination ("finding") of your brownie and to employ specific reasons in explaining that finding in his or her decision. For instance, if an ALJ finds that an bidder's testimony is not believable, a conclusory argument such equally "the claimant's allegations are non credible" or "the claimant'southward allegations are unsupported past objective medical show" is insufficient. The ALJ needs to be more specific; for example, "The claimant repeatedly made inconsistent statements about his employ of alcohol." The Appeals Quango by and large gives wide latitude to ALJs in determining whether an applicant is apparent, merely only when ALJs provide reasoned explanations of their findings.

ALJ'due south Discussion of Your Testimony Left Out Important Information

The ALJ is not permitted to mischaracterize or inaccurately summarize your hearing testimony in his or her decision, although this happens with surprising regularity. For case, if you state at the hearing that your friend takes you lot grocery shopping one time per month, just you need to use a motorized cart while at the shop and can't unload your groceries due to pain, the ALJ should non summarize your testimony past proverb, "The claimant stated she is able to go grocery shopping." Request the audio recording of your hearing to compare what y'all really said with what the ALJ claims you said.

ALJ'due south Decision Didn't Discuss Serious Side Effects of Your Medication

Social Security regulations require the ALJ to consider the type, dosage, effectiveness, and side effects of all of a claimant'due south medications. If, for example, you take pain medication that causes you nausea and fatigue, the ALJ should discuss these side furnishings and how they would affect your power to work. The limitations caused by these side effects should be a part of your RFC and should at least be mentioned in the guess'due south decision.

ALJ Did Not Consider the Observations of Non-Physician Medical Professionals

Social Security splits medical professionals into two categories: "acceptable" medical sources (physicians, psychologists) and "other" medical sources, which include therapists, counselors, chiropractors, registered or vocational nurses, and social workers. For claims filed on or afterward March 27, 2017, Social Security added doc assistants (PAs), advance registered nurse practitioners (ARNPs) (known as avant-garde practice registered nurses (APRNs) in some states), and licensed audiologists and optometrists to the list of acceptable medical sources.

While the "unacceptable" sources may not establish the beingness of a medically determinable impairment (this basically ways they can't provide a diagnosis of the condition that could be causing your symptoms), these nonmedical sources may provide information and opinions about the severity of your impairment and how it affects your ability to work. But while ALJs are supposed to consider the opinions or observations of these non-physician medical sources, they are no longer required in their decision to explain the weight given to them, then information technology is harder to use this argument on appeal.

ALJ Did Not Develop Your Medical Record

ALJs are required to brand sure at that place is enough show in your tape to fairly determine the instance. Unlike a regular courtroom case, where each side is responsible for finding their ain evidence and presenting information technology, the U.South. Supreme Court has held that Social Security proceedings are not "adversarial," but "inquisitorial," significant that the ALJ has a duty to investigate the facts and develop the evidence supporting and opposing your case. If the medical prove in your case is unclear or bereft to allow the judge to make a fully informed decision, the ALJ may need to re-contact your doctor or send you for a consultative examination with ane of Social Security'southward doctors.

For instance, there is often some indication in an bidder's file of a low IQ (such as by special education classes or reported difficulty reading and writing), but no recent IQ test results. Because a depression IQ can extremely important in a disability case, the ALJ may be required to transport yous for an intelligence test before deciding your case. Failure to do and then tin can be "reversible fault."

Sorting Through Errors

Think that ALJ decisions near ever contain some fault of fact or law that tin be argued to the Appeals Council. Social Security regulations and the reviewing federal courts require a nifty bargain of specificity and accurateness in ALJ decisions, and information technology's a good bet that if an error tin be fabricated, information technology has been made by an ALJ at some point in time. Your chances at the Appeals Council will be improved substantially if you focus on specific, not-trivial mistakes of law and fact, especially those related to your medico's opinions, your RFC, and the VE's testimony.

Before trying to handle an appeal to the Appeals Council or federal courtroom on your own, consult with an experienced disability attorney to become advice on what mistakes the ALJ might take made in your instance.

Previous Page 1 | 2