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Biased judge denied my claim – what do I do?

How do you get an administrative law judge’s narrow minded, biased opinon reversed or how do get that opinon nullified? –Thelma

Jonathan’s response: Thelma, I assume from the tone of your email that things did not go your way at the hearing. You have the right to appeal the unfavorable decision, but you must do so within 60 days following your receipt of the unfavorable decision. The appeal goes to the Appeals Council.

I would strongly advise getting an appellate specialist to file your appeal. Many Social Security trial lawyers are not appeals lawyers – you should ask around for someone comfortable with appeals. A judge’s bias can be grounds for appeal, although that can be a hard road to pursue.

The appeal record will contain a tape of the hearing and if the judge acted inappropriately, that can be brought up in the appeal. One issue to consider – if your appeal is granted, the case is often remanded back to the same judge for a new hearing. Your appeal should request that the case be assigned to a different judge. –Jonathan

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