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The denial rates for Social Security Disability (“SSD”) benefits have been increasing for several years now. Nonetheless, in order to invigorate that trend, the Trump Administration has changed the rules governing the hiring of Administrative Law Judges (“ALJ’s”). Instead of going through a competitive interviewing process based on experience, the new executive order makes it easier for Presidential appointed Agency Heads to hire new ALJ’s directly. This fosters the selection of ALJs who are predisposed to deny SSD benefits, which is a goal of the Administration. More denials means more appeals, choking the already backlogged system with more claims, and increasing even further the amount of time that people will have to wait for a favorable decision.
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