Gerald G. Lutkenhaus Social Security Disability Law Blog on Lawyers.com

Getting a New Social Security Judge

Friday, April 22, 2011 by Gerald G. Lutkenhaus

Photo of Gerald G. Lutkenhaus

I practice Social Security Disability law primarily in the Greater Richmond Area. The hearing office here has between 5 and 6 judges. One judge is particularly hard on claimants. His approval rating is between 15 and 20% whereas the other judges range between 50 and 65%. The hearing office here does random assignment so one cannot always avoid this particular judge. 

If one loses in front of this judge (which happens often) one can appeal to the Appeals Council (AC) and often the AC will remand his cases. However, on the first remand the case is again assigned to this same judge. This just gives him the chance to correct any errors he may have made in the first hearing. Even though the judge may have found in the first hearing the claimant was not credible the AC has consistently ruled this is not enough reason for a new judge.

But if one loses again which does happen, then can appeal to the AC again and then on a second remand the AC will give you a new Social Security Judge. The bad side is this process will take 3-4 years.

This may be considered AN ADVERTISEMENT or Advertising Material under
the Rules of Professional Conduct governing lawyers in Virginia. This
note is designed for general information only. The information
presented in this note should not be construed to be formal legal
advice nor the formation of a lawyer/client relationship.

Jerry Lutkenhaus is a practitioner of Social Security Disability law in
the Richmond, Virginia area for over 30 years. He was given an "AV"
rating by Martindale Hubbell in 2003. Lexis Nexis listed him in the 2005
Bar Register of Preeminent Attorneys. For more information, see http://www.geraldlutkenhaus.com and http://www.virginiadisabilitylawyer.com You can call Jerry Lutkenhaus now at 804-358-4766 for a free consultation about your disability case.

 
Posted at 12:39 PM
Topic: Social Security Disability
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