Administrative Law Judge (ALJ)

What is an ALJ?

An administrative law judge (ALJ) is a person who hears cases involving social security disability insurance (SSDI), supplemental security income (SSI), and childhood disability insurance (CDI). ALJs hear these cases at offices called hearing offices throughout the United States. An ALJ's decision is final unless he or she decides to review the case further. If the ALJ does not make a decision after reviewing the evidence, then the matter goes before an appeals council. The Appeals Council may reverse, affirm, or modify the ALJ's decision.

What do ALJ's do?

Administrative Law Judge's preside over hearings. A hearing is a formal proceeding where both sides present their arguments and evidence to an ALJ. The hearing is conducted according to rules set forth by the Social Security Administration (SSA). At the beginning of a hearing, the claimant and his/her representative have the right to question witnesses and present evidence. The SSA has the burden of proof. The claimant has the burden of proving that he/she is disabled. The SSA has to prove that the claimant is able to perform work in the national economy.

What happens at an ALJ hearing?

During the hearing, claimants present evidence. This evidence consists of documents, records, reports, and testimony given by witnesses. Witnesses are people who give information about what they know about the subject under discussion. Documents are letters, memos, and other written materials. Records are things kept by someone else, such as medical tests, school transcripts, and tax returns. Reports are studies done by others, such as scientific studies, government surveys, and court decisions. Testimony is statements made by a witness under oath.

The decision is the official ruling of the ALJ. It includes findings of fact and conclusions of law. Findings of fact are the facts of the case. Conclusions of law are the legal reasoning behind the decision.

Can I appeal an ALJ decision?

If the ALJ denies the claim, the claimant can file an appeal with the Appeals Council. The Appeals Council can either deny the request for review or grant the request for review. If the Appeals Council denies the request for review, then the ALJ's decision becomes the final decision.