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Disability Determination Differences: State Agency vs. ALJ Hearing

Since there is one set of requirements applied to anyone being assessed for a disability, you might assume that any agency responsible for the decision would evaluate in the same way. This is not the case, though, and state agencies are less likely to find a claimant disabled than ALJs. Your disability attorney in Augusta, GA will go over with you the specifics of how these differences will affect your claim.

State Agency Decisions
State agencies are more likely to rely only on your medical record in their assessment of your capacity to do work. If your case is being reviewed by a state agency, your disability lawyer in Augusta, GA can explain how to meet the Listing of Impairments. A favorable decision by the state agency is usually founded on the applicant having met a Listing, especially for those less than 50 years old.

It is very rare that the state agency will find someone under 50 completely unable to do even basic work. The formulaic way the state agency assesses claims leaves most applicants under 50 who do not meet a Listing with a decision that they are not disabled. Your disability attorney in Augusta, GA will review with you the best approach to take with your claim and your likelihood of being found disabled at this stage.

ALJ Decision
As your disability lawyer in Augusta, GA will tell you, once you have moved to the ALJ hearing stage of your claim, it is much more likely that you will be found disabled. ALJs generally use your medical records only as a snapshot of the bigger picture regarding your impairment. Your disability attorney in Augusta, GA will ask that you are sure to be honest at the hearing, as even your credibility is considered by the ALJ in evaluating your claim. If you are under 50, you will have a better chance of success at this level than at the state agency level.

Disability Attorney in Augusta GA Assistance

As you can see, seeking the assistance of a disability attorney in Augusta, GA is essential to the success of your claim, especially if you are under 50. In one study, it was found that claimants over 50 with back injuries were found disabled 75% of the time by ALJs and only 11% of the time by state agencies. When this study looked at applicants under 50, the disability finding dropped to 68% by ALJs and only 2% by state agencies.

As you move forward with your claim, you will want a disability attorney in Augusta, GA who knows the ins and outs of both agencies and their decision-making processes. Contact us today for a disability lawyer in Augusta, GA who is knowledgeable and effective.