What if a Social Security Judge only approves 10% of claimants’ cases?

 In my 40 years representing disability claimants, I’ve found that most judges approve between 40% and 50% of disability cases. Fortunately, I’ve been able to secure disability for more than 80% of the claimants I’ve represented in Virginia. Occasionally, over the years I’ve run into the anti-disability judge who only approves 10 to 15% of cases. Unfortunately, there is no way to avoid this type of judge. Cases are randomly assigned. So, sooner or later, I’ve had cases go before this type of judge, recently I had the case of a rectal cancer survivor. Even though the claimant’s pain doctor and cancer doctor said he was disabled and even though the reviewing doctor said he was disabled (because he would be spending too much of his day in the bathroom, the anti-disability judge said he was “not” disabled. Fortunately, I was able to secure a reversal and remand from the Social Security Appeals Council. At the second hearing, the same judge said my client’s situation was still unclear despite the fact three doctors had said he was discharged. She asked for a medical review by another cancer doctor. This noted cancer doctor agreed with the other three doctor so the anti-disability judge had to issue a favorable decision. So, we we were finally able to win this five (5) year battle, 

Even though this case was ultimately a success, it does illustrate the effect (a five (5) year delay) an ant-disability doctor can have on even a very good case.