Approval rates
The approval rate for Judge Penalver is calculated based on 13,846 lifetime decisions. In the most recent reporting period, the judge maintained an 86% approval rate, which stands 17 percentage points above the New York office average and 19 points above the national average. These figures reflect a history of adjudication within the Social Security Administration framework. Aggregate rates describe past decisions, not predictions for your individual hearing.
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 Penalver'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
Over a 10-year tenure, Judge Penalver has demonstrated a steady approach to disability adjudication. While the approval rate saw a dip in 2021, the trend has shifted upward in recent years, reaching 86% in the most recent period. This pattern suggests a sustained evaluation process that remains sensitive to the evidence presented in each claim. The recent uptick reflects a continuation of this steady pattern rather than a departure from established judicial practice.
Preparing for an SSDI hearing
The guidance below applies to any SSDI hearing, not specifically to Judge Penalver'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.
Hearing with Judge Penalver? Free, confidential — see if you qualify for SSDI.
Free Benefits ReviewAbout the New York hearing office
The New York Hearing Office serves a high volume of claimants across the region, maintaining a latest office-wide approval rate of 60%. As one of the larger hubs in the Social Security Administration network, the office manages a diverse caseload that requires rigorous documentation and medical evidence. You should be prepared for a thorough review of your work history and functional limitations. You can visit the New York Hearing Office page for the full ALJ roster.
Other judges at this hearing office
The New York Hearing Office utilizes a workload-balancing algorithm to assign cases, meaning your assignment to Judge Penalver is essentially random. Across the office's bench, lifetime approval rates vary significantly, ranging from 37% to 82%. Because of this variance, understanding the broader office environment is as important as reviewing a single judge's history. For preparation purposes, the guidance remains consistent regardless of which judge you are assigned.
Your odds change dramatically with a lawyer
SSDI hearing approval rates — represented vs. on your own
Source: U.S. Government Accountability Office, GAO-18-37. The 3× gap is a population-wide average across all judges; individual outcomes vary.