State Agency Determination v. Administrative Hearing Decisions

Social Security disability applications are reviewed by different agencies at each level of the process. Although each agency is required to make a decision that is consistent with the medical evidence provided, they have different approaches to determining disability. A good Sugar Land disability attorneywill know what evidence each reviewing agency is looking for to award Social Security disability benefits.

The two main agencies that will be reviewing your application are a state agency, which reviews your initial application, and an administrative law judge (ALJ), who will review your appeal at the hearing level. The differences between the two agencies are discussed below.

State Agency

At the initial reviewing process, the state agency can only make a decision based on the application and medical file you and your Sugar Land disability attorney have submitted. The claimant will not be able to personally present their case to the examiner.

The state agency usually bases its disability determination on the Listing of Impairments. State agencies are unlikely to award disability benefits to a younger claimant if their medical condition does not meet the requirements of the Listing. Disability determination for claimants with similar medical findings is performed by applying a prescribed formula to determine the residual functional capacity (RFC).

Administrative Law Judge

At the administrative law hearing, the ALJ will make his or her disability determination based on a combination of the claimant’s file, the claimant’s testimony, and any witnesses or vocational expert testimonies. Generally, your rate of success at this level is much higher because the ALJ puts a face to the application, rather than basing their decision on facts and files. Additionally, ALJs award disability benefits far more often to younger claimants who are under 50 years of age than state agencies do.

But in order to successfully get the disability benefits that you deserve at your disability hearing, it is imperative that you hire a Sugar Land disability attorney who can properly prepare you for your hearing.

Contact Us

For more information about the different levels of review or to schedule a free initial consultation with Sugar Land disability attorney Dana Speer, call (713) 857-2123.

Dana Speer
713-857-2123 Direct Line
877-373-5105 Direct Fax