Law office of
Kathleen Flynn

Call today for a
free consultation
404-479-4431
  • Not Specified
  • Testimonials

    “Although another attorney told me that I did not have a case, Kathleen told me that she would accept my case. We fought every court system and went to the U.S. District Court three times. Kathleen wrote a lot of briefs and talked to a lot of people. I know that I was not an easy client. I would call all the time. Kathleen would always tell me not to give up. I knew that I had someone fighting for me, and I did not have to worry about the Social Security Administration. To whoever reads this, I can personally tell you, don’t give up. If you are with Kathleen Flynn at this time, stay with her. If you are not with Kathleen Flynn as a client, you need to call her and talk with her. I thank Kathleen so much for being there for me.”

    — Cora Arnette
  • RSS New on Our Blog

    • 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. http://www.nami.org/Get-Involved/Awareness-Events/Minority-Mental-Health-Awareness-Month/Learn-About-Minority-Mental-Health-Month 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. http://www.npr.org/templates/story/story.php?storyId=6546082 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. http://www.cdc.gov/ 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. https://www.ssa.gov/disability/professionals/bluebook/9.00-Endocrine-Adult.htm 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 […]
    • SOCIAL SECURITY’s 80th ANNIVERSARY August 5, 2015
      Marking a Social Security Milestone August 14, 2015 is the 80th anniversary of Social Security. Few Americans working today can remember a time when Social Security wasn’t part of the social fabric of America. Since the Social Security retirement program was enacted under Franklin Delano Roosevelt in 1935, it has expanded in important ways. In […]

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. www.ssa.gov/appeals/DataSets/03_ALJ_Disposition_Data.html

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 www.kathleenflynnlaw.com to learn more about us.