Posted on :May 12, 2015Byjpadmin
Our Antelope Valley disability attorneys can explain that the process that administrative law judges utilize and the one that state agency decision-makers use are very different. This is due in part to the case being at different stages when they are involved.
An Antelope Valley disability attorney can explain that administrative law judges get involved in a case after it has already been denied by a state agency. As such, the judge is concerned with an appeal. Administrative law judges tend to take a comprehensive look at a case in order to determine if there was an error below. As such, they evaluate medical findings as well as legal ones. They may evaluate medical findings in a more flexible manner in order to assess a variety of different RFCs, some that might result in a finding of disability. The administrative law judge considers assessing the claimant’s credibility as an integral part of this process. Antelope Valley disability attorneys can explain that administrative law judges are more likely to find a claimant under age 50 disabled due to an inability to perform an array of sedentary work to a higher proportion than state agencies do.
Antelope Valley disability attorneys can explain that state agencies typically only have paperwork to review. Therefore, they do not have the same evidence in front of them as administrative law judges. These agencies are more likely to utilize the Listing of Impairments as justification for denial, especially for those claimants who are under 50 years old. The Listing of Impairments describe a variety of physical and mental impairments. They also articulate a severity of the impairment that is necessary for a claimant to be considered disabled. In most cases, if a claimant does not have an impairment that does not equal or meet a Listing, the state agency is unlikely to find the claimant disabled. However, there are other ways for the claimant to be found disabled outside of meeting or equaling a Listing. For example, Antelope Valley disability attorneys can explain that a claimant can be found disabled if he or she is unable to complete past work or other work that is available in society, given the agency’s residual functional capacity, education, work experience and age.
If you would like more information on these differences, contact an Antelope Valley disability attorney from the Lowenstein Disability Lawyers, A Law Corporation at (800) 954-7752.