The Queens, New York Office of Disability Assistance and Review that hears appeals of Social Security benefits decisions has a reputation as a challenging environment for those seeking benefits. The office had the third highest rejection rate out of the 166 offices across the country for 2005-2008, according to a study that The New York Times undertook.
That same study revealed that the Queens office's rejection rate was 50.9 percent for those years - the highest of any of the New York state offices and well above the rejection rate in any of the other five boroughs of New York City.
The Queens office was also fifth out of all the offices in the country in the percentage of cases that higher courts sent back for rehearing. Federal judges reviewing decisions coming from the Queens office found legal errors and an unnecessarily contentious tone in the hearings.
In April 2011, eight plaintiffs who did not prevail on their claims for benefits filed a class action lawsuit against five of the eight judges at the Queens office alleging, among other things, that the judges were biased against applicants and made decisions denying benefits that were contrary to the law because of that bias. The Queens office handles the claims of many immigrants, and the suit alleges that the judges hold plaintiffs' lack of fluency in English against them when rendering decisions.
If the plaintiffs prevail in their lawsuit it could have wider implications than merely granting these eight people Social Security disability insurance (SSDI) benefits. Part of the relief that the plaintiffs seek is to bar the five named judges from hearing further cases and to allow anyone who had a claim for benefits rejected by any of these judges since 2005 the opportunity to present their claim to a different Administrative Law Judge for reconsideration.
The process of applying for disability benefits can be complicated and intimidating. If you are beginning the application process, or facing a hearing in front of an administrative law judge, contact an experienced disability benefits attorney. A lawyer can advocate on your behalf to help ensure you receive the benefits you need.
