In Columbus and throughout Ohio, people who have a condition, illness or injury that they believe warrants an approval for Social Security Disability benefits will have many concerns as they go through the process. It can be a worrisome time if, for any reason, the claim was denied. For those who thought they had a clear case to be approved, it is important to analyze the entire situation and determine why there might have been a denial. In some cases, the claimant might have been negatively impacted by unfair treatment on the part of the administrative law judge (ALJ) in the case. From the outset, it is imperative to have a firm grounding in the law. This is especially true if there is an issue with the ALJ.
It is possible to claim unfair treatment by the ALJ
When a person files a claim for SSD benefits, the Social Security Administration (SSA) strives for fairness and aboveboard treatment. Discrimination is not tolerated and people’s claims are expected to be judged on their merits. If, however, the claimant thinks an ALJ was unfair, there are options. The SSA should be informed if there are allegations of wrongdoing on the part of the ALJ. When filing a complaint, it must be done within 180 days after the act took place or the claimant learned that the ALJ had behaved improperly. The complaint and the SSA’s investigatory process can move forward even as the claimant is appealing a denial.
The complaint should be detailed with the claimant’s personal information, the reason he or she believes there was mistreatment, when it happened, actions or words that were considered unfair, if there were witnesses and if the complaint is being made on someone else’s behalf. It is crucial to be descriptive about the incidents and behaviors in question. A denial of a claim for benefits is not sufficient justification to complain about the ALJ.
There is a difference between the four levels of appealing a denied claim and claiming that the ALJ did something fundamentally wrong on a personal level. If, for example, a claimant believes that the ALJ was discriminating against him or her based on religion, race, national origin, gender, sexual orientation or for any other reason, then that would meet the criteria of wrongdoing if it is proven. It is also a violation if there was harassment, coercion, retaliation or threats. If the claimant does not file the complaint within the 180-day window, the SSA must be told why there was a delay.
ALJ discrimination should not be tolerated and legal assistance is key
As with any aspect of seeking Social Security Disability benefits, there is significant nuance when trying to get approved. From adhering to the requirements, providing evidence, following the proper protocol, appealing a denied claim or seeking an investigation into ALJ misconduct, it is essential to have proper guidance. Simply because it sounds unusual for an ALJ to have behaved inappropriately with it leading to a negative outcome in the case does not mean it did not happen. For those who think they were mistreated in their claim or have other concerns regarding the process, it is crucial to have assistance from the start.
