In our local Office of Disability Adjudication & Review, we have a new Judge that has taken the initiative to write part of the ALJ decision. More and more, we come across language in the denial that has no right being there. With permission from the client I write one of many examples, "The claimant is obviously unmotivated. It is readily apparent that the claimant has chosen a lifestyle where we wants governmental entities to pay for his every need. He lives in rent free housing, unduly receives food stamps, and clearly wants the Administration to fill in the gaps."
I find this kind of language inflammatory, antagonistic, and uncalled for. I know that appealing the case to the Appeals Council solely on that basis is not enough. Any suggestions?
Wednesday, November 5, 2008
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