Canoga Park, CA asked in Social Security for California

Q: How come there are not more class action lawsuits against the social security administration for systematic bias

It seems to be very common in most cases that (ALJ's) have unprofessional conduct they routinely violated the law and their duties. Systematically refused to follow the law, ignored evidence that supported benefits awards. Maybe more class action lawsuits will bring about a change and force (SSA) to promulgate anti-claimants bias. They use every rationale to deny eligible claims causing many claimants to be forced to rely on friends, family, or public assistance simply to afford necessities while their claims languished, only to be unfairly denied by (SSA).

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1 Lawyer Answer
Peter N. Munsing
Peter N. Munsing
Answered

A: Very few judges are as you say.It's a human system so not everyone will be perfect, but administrative law judges go through rigorous selection and training, in addition to having had to have had a number of years of being a lawyer. Many people don't understand that to get Social Security you have to show not just that you can't do your old job but that you can't physically do any job that exists in large numbers. That means exists. It does not mean that you would be hired. It does not mean jobs with openings. If you think that is wrong, you may be right, but that can only be changed by Congress.Also, the disability from doing any job has to be shown by medical records, and many doctors don't write good medical opinion letters. Blame medical schools for not teaching doctors that helping patients is their job but that is the reality. This is especially true of many doctors seen by Medical Assistance doctors, because many see the people in a clinic and really don't know them, they get very little for the people they see so writing is looked on by doctors as a big deal. The law says an administrative law judge MAY NOT just take a doctors note on a prescription pad "Jane Smith is disabled from lumbago" but has to explain what tests were performed, her history, what her limitations are,etc..

Finally, there is appeal in US Courts so if the judge makes a worng decision it can be corrected. But the US courts are also stuck with the law. No judge can wave a magic wand and say "you're disabled." Doesn't work that way.

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