David R Gutierrez, Dallas north , Houston north , Mcalester , Oklahoma city , Rio grande valley tx , Texas , Texas , Oklahoma , Oklahoma , Texas Odar Office, Administrative Law Judge
For the 2013 *fiscal year, Judge David R Gutierrez has disposed 43 cases at the Office of Disability Adjudication and Review (ODAR) in ALBUQUERQUE, NEW MEXICO. Out of those 43 dispostions, 6 were dismissed, 20 were approved and 17 were denied. This means that the percentage of depositions that Judge David R Gutierrez has approved in ALBUQUERQUE for the 2013 fiscal year is 11%. The information below for Judge David R Gutierrez was last updated on 04/28/2023.
AVERAGE STATISTICS
| Office | *Fiscal Year | Total Depositions | Total Decisions | Total Denials | Total Awards | Cases Dismissed | Cases Approved | Cases Denied |
|---|---|---|---|---|---|---|---|---|
| HOUSTON NORTH | 2015 | 599 | 494 | 333 | 161 | 18% | 27% | 56% |
| HOUSTON NORTH | 2014 | 571 | 460 | 245 | 215 | 19% | 38% | 43% |
| OKLAHOMA CITY | 2014 | 4 | 4 | 3 | 1 | 0% | 25% | 75% |
| DALLAS NORTH | 2013 | 43 | 37 | 17 | 20 | 14% | 47% | 40% |
| HOUSTON NORTH | 2013 | 117 | 98 | 49 | 49 | 16% | 42% | 42% |
| MCALESTER | 2013 | 8 | 8 | 5 | 3 | 0% | 38% | 63% |
| OKLAHOMA CITY | 2013 | 20 | 14 | 2 | 12 | 30% | 60% | 10% |
| RIO GRANDE VALLEY TX | 2013 | 583 | 495 | 273 | 222 | 15% | 38% | 47% |
| HOUSTON NORTH | 2016 | 600 | 473 | 239 | 234 | 21% | 39% | 40% |
| HOUSTON NORTH | 2017 | 557 | 445 | 203 | 242 | 20% | 43% | 36% |
| HOUSTON NORTH | 2018 | 242 | 202 | 106 | 96 | 17% | 40% | 44% |
| HOUSTON NORTH | 2019 | 466 | 404 | 190 | 214 | 13% | 46% | 41% |
| HOUSTON NORTH | 2020 | 375 | 333 | 128 | 205 | 11% | 55% | 34% |
AVERAGE TIME
| Dismissed | Approved | Denied | |
|---|---|---|---|
| David R Gutierrez | No Stats for FY2020 | ||
| All ALJs in ALBUQUERQUE | 16% | 46% | 38% |
| All ALJs in NEW MEXICO | 17% | 44% | 39% |
| All ALJs in the Nation | 18% | 45% | 38% |
4 Comments
ALJ Gutierrez is a fair, kind and reasonable Judge. As an attorney that handles claims nationwide I can say he is firm but fair. He understands that claimants and attorneys are human beings and treats them all with respect. I look forward to working with him again. He is keen on identifying all of the pertinent issues at hand.
Mr. Gutierrez is a crook and a first class LIAR! He denied my case and the appeal, despite having over 20 active medical issues, many of which are severe and/or potentially fatal. He copied and pasted numerous sentences from various parts of my medical; and, when he made reference to my records in the denial letter, he distorted the fact of the matter. So really, the multiple times that he perjured himself in manner, he threw the standard Straw Man garbage into a poorly concocted report which made no sense at all. A grade schooler could have done better, as even GUTierrez’s grammar was abysmally poor. I have been told this guy is extremely racist against White males, makes his decision before the hearing even starts. Though having access to your medical records, he does not read them. This rogue judge needs to be removed from his position.
My 20 year old granddaughter had ALJ David Gutierrez for her disability case by tv satellite from Anderson SC. She has autism her whole life. She was denied due to the judge’s lack of insight and understanding of her disability. He was giving only 10 minutes per case. I was not allowed to go with her, I am her historian and know a lot about her I could have explained. Alexis, my granddaughter is 20, however, her maturity is not as high as a 10 year old. She is very intelligent. Her autism holds her back from being able to be social, work, drive, cook or even have a job interview. She graduated from high school with a shadow with her at all times. Her senior year she asked to go solo without a shadow, as she felt it was a friend deterrent. She only had 2 classes left that year so she did manage to get to her classes on time. However, she would stay after school lots of days for 2-4 hours to get help from a special education teacher. She insisted on going on to college because she said, “I want to be somebody “. Unfortunately, she failed all her classes due to her severe social anxiety and adhd. She was taking focalin to help her focus and complete her work, which in fact was a double emerged sword. The focalin exasperated her anxiety and would cause her heart rate to get dangerously high. She tried her best, she went on days she didn’t have classes to get help from a tutor for as long as they would let her. Unfortunately, she dropped out after her 1st semester. She was so proud to be a student in the local technical college, she had to try and find out the hard way that she couldn’t handle it. My husband and I have had court ordered custody of her since she was 11.
Alexis was on SSI from the time she was a baby until she was 6 years old. Her father died and SSI changed to survivor benefits until she was 18 years old. Since she graduated she hasn’t had any financial assistance except from my husband and me. We are getting older and not in great health and we worry about what will happen to Alexis after we are gone. She has no knowledge of life skills. She has no concept of time or her surroundings. She has no concept of money, shopping, paying bills. She has to be prompted to bathe, brush her teeth, meals, even picking out appropriate clothes to wear. I guess my mistake was putting her in mainstream classes because she was so brilliant, when she should have been in special education classes learning daily living skills. There were misconceptions by the ALJ in her documents from her doctor she has been seeing since she was 12. She saw a developmental pediatrician from infancy until grade school. Her mom had drug addiction that kept her from taking her for her appointments so they dropped her as a patient. She saw another one in the practice that I wasn’t real impressed with until 12 years old. Dr. McElwee has been her doctor for 8 years and spends enough time with her to know what she is capable of. He is positively sure that Alexis can never live independently or even get hired at a job due to her anxiety, very short attention span, lack of focus and not being mature enough to have gainful employment. Yet, a person who takes only a few minutes to look over her paperwork and see her has a difference in opinion. And that’s it! Done! This is so unfair to say the least.
My husband just went to court with Judge Gutierrez. I am very unhappy with the outcome. Mr. Gutierrez (Judge) denied my husband on a questionnaire that we filled out 4 years ago. We were honest on the questionnaire as of today my husband cannot do what he did back then. Letters from all his Doctors say that. If we didn’t deserve back pay that is fine but my husband should have never been denied completely. We are so close to loosing our home we can’t even put a full meal on the table for dinner. I work 2 jobs just to try to make it. My husband can’t work. I am so upset with this outcome, I can’t believe this happened.