Law office of
Kathleen Flynn

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  • Testimonials

    "I was pleased with Kathleen Flynn's work in helping me with my disability. I received a favorable onrecord decision from the Hearing office (Office of Disability Adjudication and Review) without having to attend a hearing. Ms. Flynn met me in Cobb Country, so I did not have to travel to her office in Decatur. I would recommend Ms. Flynn (and I have) to anyone trying to get their disability. She was a very nice individual and was easy to work with."

    —B. Robinson
  • RSS New on Our Blog

    • During the Covid-19 pandemic, the Social Security Administration is not acting on the following cases: June 22, 2020
      During the Covid-19 pandemic from April 10, 2020 until further notice, SSA is NOT acting on the following cases based upon NOSSCR’s June 2020 newsletter. 1. Medical Continuing Disability Reviews (CDRs) -This is good news for any adult or child with a physical or mental condition (s), who was previously awarded social security disability […]
    • National Minority Mental Health Month July 29, 2016
      During the month of July, we commemorate National Minority Mental Health Awareness Month following the 2008 resolution by Congress. This resolution honors the legacy of Bebe Moore Campbell, an award winning African-American author, journalist, and teacher, who helped to destigmatize how minorities approach mental health issues in their communities. Based upon the 2000 […]
    • Raising Breast Cancer awareness in African-American women February 14, 2016
      At a past fundraiser for the Sisters Network in Atlanta, GA, I learned of the need for breast cancer awareness in the African American community. Breast cancer is the most common cancer amongst all women. cancer/dcpc/data/ women.htm Considering women under age 45, however, the mortality rate of breast cancer is higher for African-Americans than […]
    • Diabetes: How to win a social security disability case before an Adjudicator or ALJ December 10, 2015
      The Social Security Administration (SSA) eliminated Medical Listing 9.08. For complications from diabetes, this listing previously resulted in a finding of disability at step three of the sequential evaluation process for social security disability claims. In fact, effective June 7, 2015, there are no specific endocrine disorder listings anymore for adults. One exception is […]
    • Representatives have a duty to submit all evidence in social security disability cases to the Social Security Administration October 15, 2015
      Beginning in April 2015, the Social Security Administration (SSA) created new internal Hallex regulations requiring representatives to submit all existing evidence related to a client’s mental or physical impairments. In the past, representatives were not required to submit evidence that could adversely impact a client’s case. During hearings held at the Office of Disability Adjudication […]

Increase in social security disability hearing denials by ALJs

In recent years, social security disability attorneys have been dismayed by the social security disability program being under attack. Led by Oklahoma Senator Tom Colburn, media sources such as 60 minutes and PBS have circulated biased accounts of fraudulent Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) claims. The number of Administrative Law Judge (ALJ) denials at the hearing level, in turn, have increased nationwide. Approval rates dropped from 62 percent in 2010 to 48 percent in 2013 according to the National Association of Social Security Representatives (NOSSCR). In the Atlanta area, some of the ALJs, who arrived in the past couple years, have approval rates in the 20 to 35 percent range.

As ALJs have denied more claims, the number of appeals of hearing denials to the Appeals Council (AC) increased 6 percent in 2013, as noted by NOSSCR. Requests for review of ALJ denials to the Appeals Council had the following outcomes in 2013: 78 percent were denied; 4 percent were dismissed; and only 17 percent were remanded (sent back to the ALJ for another hearing) due to errors at the hearing and/or in the decision rendered. After the Appeals Council denies a Request for Review, an attorney must file a Complaint in US District Court. Then, the attorney must write a brief and, sometimes, attend an oral argument before the Magistrate Judge.

Unlike most firms, the Law office of Kathleen M Flynn, LLC does not drop a client after the ALJ denies the claim. Our firm continues to appeal the case to fight for our client. Once a case is filed in US District Court, our firm may also file a new application, as permitted by the Social Security Administration (SSA). Call the Law office of Kathleen M Flynn, LLC at 404-479-4431 if you would like assistance with filing an application or appeal. Also, please visit our website at to learn more about us.