The Judge Lied When Denying my Case - Do I have any Recourse

If you receive an unfavorable decision from the Social Security disability judge, you are not going to be happy, for obvious reasons. I regularly get emails and video comments from men and women who are upset because they feel that “the judge lied” in his decision. They may point to mistakes in the decision such as error about past work, level of education or even what a doctor said.

As I have discussed many times, I think that Social Security has a problem in that the approval rates for individual judges can vary widely. Within the same hearing office, Judge “A” may approve 70% of claims, while Judge “B” may only approve 15%. In my opinion, this level of variance is unacceptable and looks more like a lottery than the fair administration of Social Security’s own rules.

Unfortunately the arbitrary nature of approval/denial statistics seems to be baked into Social Security’s disability decision making system. If you are unlucky and draw a “low approval” judge, or if a reasonable judge does not find the evidence of your disability compelling, you have to decide whether or not to appeal to the Appeals Council.

As I discuss in this video, the presence of relatively minor errors of fact most likely will not convince the Appeals Council to remand (or pay) your case. Further, the Appeals Council will not conduct a new hearing. They will not second guess the hearing judge’s interpretation of the evidence (unless it is totally off base) but they will review the judge’s method of analysis.

For example, I recently won a remand on a case where the judge found my client limited to sedentary work with additional limitations, but did not pose a hypothetical question to the vocational witness that included this profile. The Appeals Council held that the judge did not properly consider all of my client’s limitations and sent the case back for a second hearing with a different judge.

Learn more about my successful appeal and filing an appeal to the Appeals Council on my blog at

If you have been denied at your hearing and would like a case review for possible appeal to the Appeals Council, please complete the form at and make note that you were denied at hearing and want to consider appealing to the Appeals Council. #deniedbysocialsecurityjudge #socialsecurityappealscouncil #appealunfavorabledecision

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==============FREE CASE EVALUATION=================
If you or a loved one would like a case evaluation for your
SSDI or SSI case, please contact me at

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=================CONTACT ME========================
Jonathan Ginsberg
Social Security Disability Attorney
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Telephone: 800-890-2262

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