Who decides cases at this office
The panel at this office shows a moderate spread, with individual judge allowance rates ranging from 51% to 78%. Because cases are assigned randomly, you cannot choose your judge, and each one weighs medical evidence differently. This variation makes thorough preparation essential, as your file needs to be robust enough to satisfy the requirements of any judge on the panel.
| Rank | Judge | Approval Rate | Total Dispositions | |
|---|---|---|---|---|
| 1 | Phillip C. Lyman | 78% | 2,581 | |
| 2 | Regina L. Sleater | 72% | 1,811 | |
| 3 | Frederick Michaud | 70% | 144 | |
| 4 | Tova Wolking | 64% | 897 | |
| 5 | Davis Yee | 63% | 894 | |
| 6 | Thomas J. Gaye | 63% | 1,411 | |
| 7 | T. Patrick Hannon | 61% | 2,313 | |
| 8 | Betty Roberts Barbeito | 54% | 1,780 | |
| 9 | Roxanne J. Kelsey | 54% | 3,197 | |
| 10 | Brenton L. Rogozen | 51% | 1,931 |
How long you'll wait
At San Jose, the average wait from hearing request to written decision is 9 months— versus a national average of 8 months. Here's how it's tracked month by month over the past 16 months.
Approval rates change with a lawyer
Source: U.S. Government Accountability Office, GAO-18-37. The 3× gap is a population-wide average across all judges; individual outcomes vary.
Going to your hearing
With a 9-month wait, you have a clear runway to strengthen your file before you appear before an ALJ. Your most important task is to submit updated medical records that document your limitations since your last denial. Include a detailed daily-activity log and, if possible, witness statements from family members who observe your condition. During your hearing, a vocational expert will likely testify about jobs that fit your physical or mental limits. You and your attorney have the right to question this expert, which is often the turning point in a hearing. Because the panel of 10 judges shows meaningful variation in how they weigh evidence, your file must be complete enough to stand on its own merits regardless of who is assigned to your case.
When a panel's allowance rates span 27 points, your file must be strong enough that no judge can dismiss it on weak documentation. Most claimants spend their 9-month wait simply waiting, but an attorney uses that time to pressure-test your evidence against the specific standards of the San Jose panel.
Field offices that route cases here
If your hearing is at San Jose, your case originated at one of the SSA field offices below — the local intake counter where you (or a representative) filed the initial application. Field offices don't decide hearings, but they hold your file, issue benefit-payment notices, and field the day-to-day questions during your wait.
Frequently asked questions
The average wait for a hearing at this office is currently 9 months. This is slightly longer than the national average of 8.2 months, providing you with extra time to ensure your medical records are complete. An attorney can help you use this time to gather the necessary evidence.
Judges are assigned to cases randomly, so you will not know your specific ALJ until closer to your hearing date. Because the panel's allowance rates vary between 51% and 78%, your attorney will focus on building a case that meets the evidentiary standards of any judge on the panel.
You generally cannot choose your judge. If you have concerns about a specific assignment, an attorney can evaluate whether there are valid legal grounds to request a change or if it is more strategic to focus on strengthening your existing evidence.
While you are not required to have an attorney, the hearing is the most complex stage of your SSDI claim. An attorney can help you by cross-examining vocational experts and presenting medical evidence to improve your chances of approval.