What’s one of the toughest things about Social Security disability appeals? When the administrative law judges (ALJs) deciding the cases don’t follow their own rules before deciding against you. In fact, some of the most frustrating cases I’ve had as a Social Security disability attorney involve ALJs ignoring the opinions of my clients’ doctors.
It makes sense that ALJs are given this power, because no one wants doctors faking evidence and helping people to steal from the government. Unfortunately, some ALJs demand proof from doctors that goes above and beyond what the law requires or they ignore their diagnosis. This shouldn’t be allowed, but it is.
Doctors’ Opinions Have “Controlling Weight”
What does that mean? Basically, that the law says that ALJs should accept what your doctor says unless there is evidence against it. If judges disagree with the doctor’s opinion, they have to provide a valid reason for rejecting it.
Some judges think they can reject what your doctor says by getting other doctors (who haven’t even treated you!) to agree with them, but your Social Security disability attorney can fight this argument and win.
For a free legal consultation, call 800-562-9830
ALJs Must Provide “Good Reasons”
The law says that judges have to “give good reasons” for disagreeing with your doctor. This is something that the SSA takes very seriously. If your attorney fights the judge’s decision, the court will look at a number of things, including the language that the ALJ used to describe your disability, whether your doctor’s opinions were given enough weight, and what reasons the judge gave for ignoring what your doctor found. These cases can sometimes go all the way to the Federal level, so you really want an experienced Social Security Disability lawyer on your side.
Learn more about how Texas disability lawyer Marc Whitehead can help with your case.
Call or text 800-562-9830 or complete a Free Case Evaluation form
