The Social Security disability process allows claimants to follow an appeal process that many times leads to hearings before an Administrative Law Judge (ALJ). Each hearings office around the country has multiple ALJs that adjudicate cases, but what judge you get on your case can make all the difference. Some judges have higher approval numbers than others, so understanding how an ALJ is assigned to a case is important. Below are Social Security’s regulations regarding ALJ assignment.
A.Case Assignment
The HOCALJ generally assigns cases to ALJs on a rotational basis, with the earliest (i.e., oldest) RHs receiving priority, unless there is a special situation that requires a change in the order in which a case is assigned. See subsection D below.
B.HO and Remote Hearing Sites
The Regional Chief Administrative Law Judge (RCALJ) determines whether the areas within an HO’s service area are assigned to the HO or to the remote hearing site(s). In making such determinations, the RCALJ considers recommendations from the HOCALJ. Such areas may require modification periodically based on case receipts and other service and cost factors.
C.Case Assignments Requiring Travel Within the Hearing Office Service Area
1.Rotate Assignments
Generally, the HOCALJ will rotate the assignments requiring travel among all ALJs in the HO consistent with the objective of scheduling older cases first.
2.Travel Dockets
ALJs will generally accumulate a docket of cases to be heard at the remote site to minimize administrative travel and related costs. However, if video teleconferencing (VTC) is available, ALJs are encouraged to hold hearings by VTC at the home office instead of traveling to the remote site because VTC does not require the ALJ to accumulate a docket of cases required for travel dockets.
3.Advance Administrative Approval for Travel
An ALJ must obtain advance administrative approval of proposed travel. The procedure for securing approval will vary from region to region, depending upon the specific methods prescribed by the RCALJ.
4.Objections to Travel Dockets
An ALJ will raise any objections to a travel docket with his or her HOCALJ.
