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New Mexico Complaint For Judicial Review of Social Security Decision by Administrative Law Judge
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Decisions of Administrative Law Judges are binding on the parties in the particular matter but do not have precedential value. They should not be cited or relied on as precedent in any proceeding. Decisions posted here may not be final and may be subject to modification by the Appeals Board and the Courts.
The Social Security Administration's (SSA) administrative appeals operation is one of the largest administrative judicial systems in the world.
Under the Constitution, courts can make sure administrative decision-makers follow the rules. They do this through a process called ?judicial review.? When a court looks at an administrative decision, it applies a certain ?standard of review.? The standard of review is the legal approach to analyzing the decision.
In general, ALJs are afforded the same scope of authority as traditional courtroom judges. One major difference between ALJs and traditional judges is that ALJs serve as both the judge and trier of fact. This is known as a bench trial.
Judicial review. (a) General. A claimant may obtain judicial review of a decision by an administrative law judge or administrative appeals judge if the Appeals Council has denied the claimant's request for review, or of a decision by the Appeals Council when that is the final decision of the Commissioner.
The Administrative Law Judge (ALJ) will use the information from your case to make a decision. ALJs can use the expertise of Medical Experts and Vocational Experts to help decide your case. Medical Experts (ME) are doctors who review all of the medical records in your application before the hearing.
A judicial review takes another look at a decision or order made by an administrative body. This review helps make sure the administrative body has been fair, reasonable, and lawful.
Who can ask the court to review a decision of the Board? Both the complainant (who is sometimes called an applicant, depending on the type of matter filed with the Board) and the respondent can ask the Federal Court of Appeal to review the Board's decision and file an Application for Judicial Review.
ALJs rule on preliminary motions, conduct pre-hearing conferences, issue subpoenas, conduct hearings (which may include written and/or oral testimony and cross-examination), review briefs, and prepare and issue decisions, along with written findings of fact and conclusions of law.
If your request for hearing is about whether you are disabled, the Administrative Law Judge (ALJ) will focus on your medical condition(s) and make a decision based on the evidence in your case file. The ALJ may also call witnesses to testify. For example, the ALJ may call a medical or vocational expert to testify.