I had my court hearing today. (Updated w/ chart)

[happyslug]

53. One BIG error in that flow chart

81.4% of all people who appeal above the Reconsideration level are approved, but the approval rate ABOVE the Administrative Law Judge Level is less then 5%. The rate of approval at the Administrative Law Judge Level varies from 60-90%.

Thus appeals to the Appeals Council in Fall Church Virginia and to Federal District Courts are generally NOT worth doing UNLESS you have a clear case of error by the Administrative Law Judge.

Just pointing out the big reversal of denials is at the Administrative Law Judge Level NOT above that level. The chart IMPLIES that the reversal rate is 81.4% THROUGH Federal District Court, and that is only true do to the HUGE reversal rate at the Administrative Law Judge Level.

A SECOND ERROR is the reference to Reconsideration. Starting around 2000, Social Security started to phase out Reconsideration for Social Security cases (But NOT for SSI cases). The main reason was that the reversal rate at reconsideration was very low compared to the Administrative Law Judge (ALJ) Level. Now when Congress passed Supplemental Security Income (SSI) in 1974 it reference the Reconsideration step that Social Security had been using since the early 1960s and made it part of the SSI Act. This made Reconsideration part of the process to get SSI as set by Congress BUT NOT part of the process to get Social Security. Thus Social Security has the power to drop Reconsideration for Social Security cases, for Congress has NEVER passed a law referring to reconsideration in Social Security cases BUT SSA CAN NOT DROP RECONSIDERATION FOR SSI CASES, for Congress made such Reconsideration part of the SSI process. Confusing, yes, but it is the law.