Judges whose most recent office on record is this one
The 10 judges whose most recent office on record is this one show a moderate spread in approval rates, ranging from 51% to 78% with a median of 63%. Because cases are assigned randomly, you cannot choose your judge, and each weighs evidence differently. This variation means your preparation must be thorough enough to address the specific concerns of any judge on the panel.
| Rank | Judge | Approval Rate | Total Decisions | |
|---|---|---|---|---|
| 1 | Phillip C. Lyman | 78% | 2,090 | |
| 2 | Regina L. Sleater | 72% | 1,447 | |
| 3 | Frederick Michaud | 70% | 129 | |
| 4 | Tova Wolking | 64% | 679 | |
| 5 | Thomas J. Gaye | 63% | 1,091 | |
| 6 | Davis Yee | 63% | 732 | |
| 7 | T. Patrick Hannon | 61% | 1,885 | |
| 8 | Betty Roberts Barbeito | 54% | 1,423 | |
| 9 | Roxanne J. Kelsey | 54% | 2,742 | |
| 10 | Brenton L. Rogozen | 51% | 1,562 |
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 8.2 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
Your hearing will typically last about an hour, during which an ALJ will review your file and hear testimony. A vocational expert is often present to answer questions about whether jobs exist that fit your specific physical or mental limitations. Because the Social Security Administration restricts late-stage evidence, you must submit updated medical records and a current medication list well before your date. Use this 9-month wait to log your daily activities and gather statements from those who witness your limitations firsthand. Since this office sees a moderate spread in judge approval rates, your file must be robust enough to stand on its own merits regardless of who presides.
When a panel's approval rates span 27 points, your file must be strong enough that no judge can dismiss it on weak documentation. While the 61% approval rate at this office is standard, represented claimants are consistently more successful at the hearing stage because they know how to anticipate the questions of the vocational expert. You can use your remaining wait time to pressure-test your medical record for gaps.
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. SSA's published service areas route these offices' appeals here. 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 to hearing at this office is 9 months. This is slightly longer than the 8.2-month national average, providing you more time to build a strong case. An attorney can help you use this time to gather necessary evidence.
Cases are assigned randomly to the judges whose most recent office on record is this one. Because each judge weighs evidence differently, your best strategy is to ensure your medical records are comprehensive. An attorney can help you prepare for the specific requirements of your hearing.
You generally cannot request a specific judge. If you have concerns about your assigned judge, an attorney can help you evaluate if there are valid legal grounds for a request.
While not required, representation is highly recommended. An attorney can help you organize your evidence and prepare you for the testimony required by the ALJ.
