Will You Get Approved for Disability Benefits? It May Depend on The Judge You’re Assigned
Will You Get Approved for Disability Benefits? It May Depend on The Judge You’re Assigned
If you’re seeking federal disability benefits in 2023, it’s likely you’ll have a hearing. And the administrative law judge (ALJ) you’re assigned for that hearing matters.A new study from Atticus shows that ALJ’s approval rates vary wildly — with some judges approving over 90% of applicants, and others approving as few as 10%.Social Security disability programs provide a safety net to over 10 million people who are unable to work due to a health condition. For recipients, the monthly benefits payments are a vital source of income — and the healthcare the programs provide can be life-changing.Atticus looked through every Social Security hearing decision in 2022 and ran the numbers on the nearly 1,300 judges to find their approval and denial rates.Judges worked across 168 Social Security hearing offices and delivered about 322,000 total decisions, with an approval rate of just over 54%. While many judges approved around that figure, 123 judges approved 75% or more of their cases. On the flip side, there were 39 judges with an approval rate of 25% or less in 2022.“Unfortunately, as shown by the drastic difference in approval rates, a judge's determination is always going to be subjective to some extent," said Sarah Aitchison, attorney at Atticus. "What judge you end up appearing before will likely have some impact on the success of your case.”What Administrative Law Judges DoThere are two federal disability programs — Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). The requirements for these programs vary, but the application and appeal process is the same.That process is long. Most applicants wait 5-6 months for an initial decision, and 79.3% of applicants are denied when they first apply. At that point, they can appeal, and wait for a hearing date with an ALJ.Administrative law judges make a decision on whether to approve or deny someone’s Social Security disability claim by considering all of the information in someone’s application file (medical information, work history, etc.) plus testimony from the applicant, vocational experts, and occasionally medical experts.Administrative law judges with highest approval ratesAmong judges with at least 100 decisions in 2022, there were 50 who approved 80% or more of their cases. Those 50 judges also aren’t all from one area. Combined, they heard cases in 25 different states and Puerto Rico.Below are the top 25 disability judges by approval rate:
Online meeting, man in suit giving thumbs up gesture; image by Tumisu, via Pixabay.com.
About Sarah Aitchison
Sarah is an attorney at Atticus Law, P.C. where she serves clients seeking Social Security Disability Insurance and worker’s compensation. Prior to joining Atticus, she was a civil public defender in Brooklyn, N.Y., where she represented low-income tenants in eviction proceedings, and a business reporter in Seattle, Wash., where she covered the booming Seattle tech industry. She is a graduate of the University of Washington School of Law. E-mail: sarah.aitchison@atticus.com / Website: www.atticus.com