Administrative Law Judge as "used car dealer"

 

 

Judge deal maker;  If a social security judge like Linda Haack, Lazuran and others think you actually ARE disabled under SSA rules they may try to save the government a few thousand dollars by getting you to shave off a few years or months of your back benefits in a bargain, in return for her awarding you a Fully Favorable decision with a much later Onset to disability Date.  (Indeed, Judge Riley Atkins has stated that he is the "guardian of the US Treasury."   Of course he took no such oath to the US Treasury but only to support and defend the US Constitution and the laws-something that is obviously in conflict if he is being the "guardian of the US Treasury.")

 
I have rarely seen a client say NO to such a deal because they have been jacked around for so long by SSA that they just want to make SOME bank deposit and have this all behind them.  I counsel my clients to refuse the "offer."  I write the judge a letter stating, "I agree that claimant is disabled on DATE YOU SAID but we disagree that that was the onset of disability.  As claimant is still under oath we cannot accept your proposal to say the disability stated at a different date."  Fax that letter into the file so that the Appeals Council will eventually read it as will the US District Court.

STAND UP TO ALJ Used Car Salesman!  The ALJ will write a partially favorable decision giving your onset date as the date he/she pressured you to agree to.  So you haven't lost anything at all.  You got what he/she offered and you get to recover that other money from your TRUE onset date.

THEN, you appeal the Partially Favorable to the Appeals Council.  Appealing to the Appeals Council is no big deal and is very easy.  Just fill out this form http://www.ssa.gov/online/ha-520.pdf and send it to address on the bottom and write in that the ALJ gave the wrong onset date and say this: 

"ALJ erred on the onset date and I appeal that issue only.  The decision regarding the onset date is legal error and is not based on substantial evidence.

Pretty simple eh?  And you just recovered tens of thousands of dollars that ALJ Used Car Salesman wanted to deprive you of, plus you are getting monthly disability payments.