Approval rates
Comparing approval rates requires looking at data from the same timeframe to ensure accuracy. While your judge's approval rate on record since 2016 is 49%, the latest-period data provides a more focused view of recent activity. The Richmond office bench shows a wide range of approval rates, from 18% to 59% since 2016, highlighting the importance of case preparation.
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 Foster'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 Nicolas R. Foster has fluctuated since 2016. With 4,189 total decisions on record, the judge has maintained a consistent presence in the Richmond office. While the 2026 fiscal year-to-date rate of 47% is slightly below the long-term average, it remains within the historical range observed since 2016.
Preparing for an SSDI hearing
The guidance below applies to any SSDI hearing, not specifically to Judge Foster'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 Richmond hearing office
Nicolas R. Foster's most recent office on record is the Richmond hearing office, as of July 2026. This office maintains a bench of 13 judges who have recorded decisions there since 2016. The office-wide approval rate in the latest reporting period was 45%.
Other judges whose most recent office on record is Richmond
The Social Security Administration uses a workload-balancing algorithm to assign cases, meaning the judge you draw is essentially random. There are 13 judges whose most recent office on record is the Richmond hearing office. Approval rates among this group vary significantly, ranging from 18% to 59% on their records since 2016.
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
Judge Foster has an approval rate of 49% on record since 2016. Among the 13 judges whose most recent office on record is Richmond, approval rates range from 18% to 59%. An attorney can help you prepare your case regardless of which judge is assigned to your hearing.
The approval rate for Judge Foster has seen yearly variations, ranging from a low of 37% in 2021 to a high of 54% in 2017, 2023, and 2025. These fluctuations are common in SSDI dockets and often reflect changes in the types of cases heard. An attorney can help you understand how to present your medical evidence effectively.
No, you cannot choose your judge. The Social Security Administration assigns cases using a workload-balancing algorithm to ensure efficiency. Because you cannot control the assignment, focusing on the strength of your medical evidence with an attorney is the best way to prepare.
An SSDI hearing is a formal but non-adversarial proceeding where the judge reviews your medical records and hears testimony. You may be questioned by the judge or a vocational expert about your ability to perform work. An attorney can help you navigate these questions and ensure your case is presented clearly.
The 49% approval rate for Judge Foster since 2016 is a statistical observation of past performance, not a prediction for your specific hearing. Every case is unique, and the quality of your medical documentation is the most critical factor in a favorable decision. An attorney can help you gather the necessary evidence to support your claim.
