The majority of Social Security disability claimants, who continue to appeal unfavorable decisions at lower levels, will eventually have to request a hearing before an Administrative Law Judge (ALJ). The ALJ is in charge of deciding whether or not a claimant is disabled and should be awarded either Social Security Disability Insurance (SSDI) or Supplemental Security Insurance (SSI) benefits.
An ALJ presides at hearings to make decisions about rules and procedures involving the executive branch of the government. Today, of the 1,600 AJLs serving more than 30 federal agencies, about 85 percent work for the Social Security Administration. An ALJ is an employee of the executive branch and functions somewhat like trial judges in the judicial branch.
Administrative Law Judges have two main duties, according to the Congressional Research Service. These duties are to preside and take evidence at agency hearings and to act as the finder of fact in the hearings. Another important duty of an ALJ is to act as a decision maker at hearings. This is the authority that allows an ALJ to decide whether or not a Social Security disability applicant is disabled.
History of ALJs
The Administrative Procedure Act was enacted in 1946 to ensure fairness and due process in executive agency actions. To accommodate the Administrative Procedure Act’s requirements ALJs were created, although they were first identified as hearing officers.
Choosing of ALJs
The Social Security Administration is in charge of hiring its own ALJs. Minimum requirements for ALJs include that they are licensed attorneys authorized to practice in the state in which they are applying, have at least seven years experience practicing as a licensed attorney involving litigation or administrative law at the federal, state or local level, and all applicants must pass an examination.
How ALJs Decide
You are able to track approval and denial rates of all Social Security ALJs across the country, as well as get information about processing times for hearings in all 50 states, by visiting http://www.disabilityjudges.com/.
For more information on the overview of Administrative Law Judges visit the Congressional Research Service’s report at http://towmasters.files.wordpress.com/2010/05/administrative-law-judges-an-overview.pdf.
