Social Security Disability Judge Approval Rates Vary Widely
Although you may assume that all Social Security disability appeal judges will treat your case in the same manner, recent data shows that this is not the case. According to the Social Security Administration (SSA) website, some judges deny disability claim appeals as much as 30 percent of the time, while other judges deny as few as one percent of all of the cases he hears.
Just this week, we covered a news story in which administrative judge David Dougherty retired from his bench amid an investigation into his appeal decisions. Dougherty has only denied a little over 100 disability appeal claims since 2004 and has only denied four people disability payments in the last two years.
On the other hand, chief judge Judith Showalter has a low appeal acceptance rate – granting only about 40 percent of those who appeal benefits over the last five years. One woman, who suffers severe back pain due to a car accident eight years ago, has been denied for SSDI benefits twice despite doctor evidence that she is unable to work.
On average, about thirty percent of appeal cases are denied by Social Security disability judges.
What is being done about the wide discrepancy between the 1,400 administrative law judges across the country? While an investigation into the Dougherty case is taking place, most everyone from Social Security lawyers to disability advocates to the SSA itself believes that it is better to let the judges make their own decisions and stay out of the way. However, for some, such as those who are denied by judges like Judith Showalter, have their entire lives and financial situations changed forever based on the decision of one person.