What if I believe the judge was unfair in my disability case?

| Aug 15, 2019 | Social Security Disability

When a New Jersey resident is suffering from an injury, illness or condition that renders them unable to work, they have the right to seek Social Security disability benefits. While the Social Security Administration strives to treat every applicant fairly, it is not uncommon for disputes to arise when a case is denied. The Administrative Law Judge conducting the hearing is expected to make the determination based on the case evidence. While it is unusual, it is possible that the ALJ might have done something inappropriate or outright wrong to warrant a complaint. When this happens, it is critical to have legal representation.

A person applying for Social Security disability can file a complaint stating that the ALJ was unfair. An applicant who believes they were subjected to unfair treatment by the ALJ must inform the SSA what happened. The SSA will assess the case regardless of whether the applicant intends to appeal the case or not. An applicant has 180 days from the date of the action the ALJ allegedly took or the date the applicant became aware that the conduct took place to file a complaint.

The applicant should inform the SSA in writing. The following information must be given to the SSA: the way in which the person was treated unfairly; how it happened; when it happened; the words or actions that the applicant believed were unfair; and if there were any witnesses. It is important to remember that there is a difference between appealing a denied Social Security claim and asserting that the ALJ did something that violated the law.

When applying for disability benefits, it can be a worrisome time. If the person believed they had a solid case and it was denied for reasons apart from the facts, it is a wise step to know how to determine if the ALJ behaved unfairly and what can be done about it. A legal firm that has extensive experience in Social Security disability cases should be contacted for guidance from the outset of the case. This is especially important if there are allegations of wrongdoing on the part of the ALJ and if those actions negatively impacted the claim.