Approximately 90 to 95% of the time. In fact, on the occasions where a client's claim is denied by an Administrative Law Judge, it is because the judge improperly ignored compelling evidence. Historically, this occurs approximately 5% of the time. After traveling throughout the United States, Mr. Davis believes most judges base their decisions primarily on the evidence; unfortunately, there are a few judges that deny a high percentage of claims.
When a client's claim is denied by a judge, our firm has had tremendous success having the Appeals Council remand the client's case for a second hearing due to errors in the judge's decision. This is due to the aggressive manner in which the case is developed prior to the hearing. Also, the client is usually instructed to file a second claim while the appeal is pending; most of these second claims are eventually approved.
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