The Filing Of An Unfair Hearing Complaint

Many times disability claimants feel they were treated unfairly by the Administrative Law Judge (ALJ) who adjudicated the decision, especially if the decision is an unfavorable one. Although there are many people who would like to file such a complaint, there should be significant consideration given before filing a complaint against an ALJ.

Social Security is not allowed to treat anyone differently based on race, sex, age, disability, the amount of money someone has, or for any other reason. If a claimant feels they were discriminated against for one of these reasons, then an unfair treatment complaint is probably warranted. Prior to filing the complaint you should be aware there are certain requirements that a complaint must contain. A complaint should be made in writing or by contacting Social Security to inform you wish to offer a complaint, which can be documented by a Social Security employee. A complaint should fully describe what the ALJ did and said that the claimant felt was inappropriate. Each complaint should contain the following information:

  • Your name, address, and telephone number;
  • Your Social Security number;
  • Who treated you unfairly;
  • How you think you were unfairly treated;
  • When you think you were unfairly treated;
  • The actions or words you thought were unfair;
  • Who else saw or heard the unfair treatment; and
  • If you’re making the complaint for someone else, also give us your relationship to that person, and your name, address, and telephone number.

If you work with Social Security directly, the complaint should be distributed among the appropriate channels, but to ensure your complaint is given significant consideration you can also write to the Office of Disability Adjudication and Review Division of Quality Service 5107 Leesburg Pike, Suites 1702/1703 Falls Church, VA 22041-3255.