If you appear before an ALJ at a hearing and get denied, then are remanded by the Appeals Council, were you returned to the SAME ALJ? Or is that just in my area?

My attorney today said that would be the case if I get remanded. Back to same judge.

If that is the case, disability approvals and denials have nothing to do with ones ability to perform substantial gainful employment, it is just a matter of what judge you get.

I am just beside myself. My ALJ has the highest denial rate my attorney has ever seen. He let me know that this judge thinks everyone is a liar and denies nearly everyone on lack of credibility (his opinion) and does everything he can to provoke the applicant.

What is the sense of even appearing at a hearing if this is not only what I will face now, but in future appeals as well? The same biased person? How does just ONE person get to decide one's fate? You should be given a different judge OR have a panel decide, not just ONE person.

Sorry but I am angry. Maybe the judge should have to live with me and observe me for a week or better yet, maybe he should have to deal with my pain for just a day.

Thats just what they will do, send you right back to the same guy who ruled against you the first go round. However the ALJ's move around, and its just as likely that they will no longer be in your region. You haven't lost yet, but you need to have all your ducks in a row...Be prepared!

You can start a new application if you wish. You'll lose some back pay, but it might be worth it.