Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Prov1322

The weakness of SS Disability hearings is there is no active representative there from the party holding the purse (the federal government). The SS ALJ is there as the decision maker and so is the claimant and his or her attorney who plays the violin on behalf of the claimant.

The SS ALJ has the record made by the SS agency when the claimant filed, submitted medicals and what the agency decided when turning down the claim, plus the ALJ is supposed to know the rules and levels of disability needed to allow benefits. The claimant’s attorney can bring in new evidence, but no one on the government side is there to dispute it or develop new evidence by the time of hearing.

In state worker’s compensation cases, the party with the purse, the private insurance company or state fund can send in an attorney to develop more evidence, present it at the hearing and dispute what the claimant’s attorney is pitching. That is why Worker’s Comp is still in the black in most states and SSDI is flat broke.


8 posted on 05/04/2012 11:55:11 AM PDT by RicocheT (Eat the rich only if you're certain it's your last meal)
[ Post Reply | Private Reply | To 6 | View Replies ]


To: RicocheT

That is just one of the SSDI system weaknesses. It is an antiquated system that has changed little since the 70’s.


10 posted on 05/04/2012 11:59:15 AM PDT by Prov1322 (Enjoy my wife's incredible artwork at www.watercolorARTwork.com! (This space no longer for rent))
[ Post Reply | Private Reply | To 8 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson