Unfortunately, bias such as this has always been hard to prove, and it didn’t help any that the procedures created by the SSA to deal with these kinds of matters were lacking at best. Disability lawyers and their clients were left with one real strategy, but it was always seen as more of a symbol than a real attempt to get justice: file a class action lawsuit. Essentially, they would sue the SSA, claiming that a specific judge had displayed a bias against claimants.
Why was this seen as just a symbol? Because it never worked. Cases like these received little attention and were often more or less laughed out of court – until now.
Settlement in Bias Lawsuit Opens Doors for Claimants
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In April of 2011, a class action lawsuit was filed against five ALJs that charged them with “systemic bias” against people seeking Social Security Disability benefits. In and of itself, this was no big deal. These kinds of lawsuits aren’t common, but people do try them from time to time. In fact, no one gave it a second thought until the disability world was stunned with the announcement that the SSA was offering a settlement in the case – basically admitting that the judges in question had shown bias.
It’s hard to explain how important this decision really is, other than to say that it opens a huge door for claimants who have been previously denied in their Social Security Disability appeal. Even if you can’t point to a specific rule that the judge in charge of your case ignored or otherwise violated, you might be able to retry your case simply by showing that they’ve displayed an overall bias against claimants throughout their career.
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If you’ve had your appeal denied and you believe the ALJ may have shown bias against you, contact us so we can talk about your case and explore options. And if you’re just thinking about potentially filing a claim, download our free Social Security Disability eBook to get an overview of the process so you can make an informed decision. Until then, keep following our blog to get the most up-to-date information on Social Security Disability.
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