Approval rates
Comparing approval rates requires looking at consistent timeframes. While the 64% approval rate since 2016 provides a long-term view, recent performance is also telling. In the latest reporting period, the judge approved 72% of cases, which is 11 percentage points higher than the Albany office average of 61%. These figures are based on 3,628 decisions on record since 2016.
Office- and national-level breakdowns of fully favorable vs denial rates aren't currently published by SSA in the per-office disposition data. The judge's own breakdown is the detail we have today.
Approval rate over time
Year-over-year approval rate across Judge Black-Pennington's docket. Annual rates fluctuate with the mix of cases SSA assigns; the longer-run pattern is more informative than any single year.
Decision pattern
The approval rate for Dale Black-Pennington has fluctuated over the years, showing a peak in 2018 followed by a period of lower approval rates between 2020 and 2022. Since 2023, the trend has shifted upward, with the most recent fiscal year-to-date period showing a 72% approval rate. This latest period reflects a continuation of the recent upward trend, suggesting a divergence from the long-term average on record.
Preparing for an SSDI hearing
The guidance below applies to any SSDI hearing, not specifically to Judge Black-Pennington's bench. Judge-specific preparation guidance requires a corpus of public Appeals Council decisions involving each judge, which we haven't built yet.
- Bring a clean treating-physician record. Longitudinal primary-care or specialist notes spanning the disability period, with consistent symptom documentation, are typically the strongest evidence at hearing. A single month's records usually aren't enough.
- Don't rely on consultative exams alone. If your medical evidence is built primarily around a one-time CE finding, expect detailed questioning. Supplement with treating-source statements where possible.
- Prepare for daily-activity questions. Have honest, specific answers about a typical day. Answers that conflict with the medical record (in either direction) tend to hurt credibility.
- Expect transferable-skills probing. A vocational expert will usually testify about jobs available to someone with your limitations. Your representative should be prepared to cross-examine.
About the Albany hearing office
The Albany hearing office serves you and other claimants across New York. With 15 judges whose most recent office on record is this one, the office maintains a latest-period approval rate of 61%. You can expect a formal hearing process where the quality of your medical evidence remains the primary driver of your outcome.
Other judges whose most recent office on record is Albany
The Social Security Administration assigns cases using a workload-balancing algorithm, meaning your assigned judge is essentially random. At the Albany hearing office, there are 15 judges whose most recent office on record is this one, 8 of whom decided cases in the latest SSA file. Approval rates among this bench range from 40% to 81% on their since-2016 records.
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.
Frequently asked questions
In the latest reporting period, Dale Black-Pennington approved 72% of cases, which is 11 percentage points higher than the Albany office average of 61%. An attorney can help you prepare for the specific requirements of this judge's bench.
Yes, the approval rate has seen notable shifts. After reaching 77% in 2018, the rate dipped to 49% in 2022 before rising again to 72% in the most recent partial year. An attorney can help you understand how these trends might relate to your specific case evidence.
No, you cannot request a specific judge. The Social Security Administration uses a workload-balancing algorithm to assign cases, making the assignment process random. Because you cannot choose your judge, it is important to have an attorney who can help you prepare for any judge's specific bench.
An approval rate is a probability cloud from past decisions, not a prediction for your specific hearing. While Dale Black-Pennington has a 64% approval rate since 2016, your outcome depends primarily on the medical evidence you present. An attorney can help you ensure your case is as strong as possible.
