Midwest Disability, P.A. Midwest Disability, P.A. Midwest Disability, P.A.

Posts tagged "SSDI hearings"

Failure to Appear

Claimants who have been denied Social Security Disability benefits can wait months or even years to plead their case before an administrative law judge. When a hearing is finally scheduled, attendance is important. The hearing office is required to provide at least 75 days advance written notice of the hearing. Hearings may be conducted in person, by video teleconferencing (VTC), or by telephone. If you cannot make your scheduled appointment time, you or your appointed representative should notify the Social Security Administration Hearing Office immediately to request a postponement.

Medical Equivalence

At step three of the sequential evaluation process, the adjudicator must determine whether the claimant's diagnosable medical impairments meet or equal a Listing of Impairments. The Listing of Impairments describes the medical criteria for each body system considered severe enough to prevent an individual from doing any gainful activity. Essentially, the listings are a "short-cut" to getting on disability. Examples of medical diagnoses that meet the Listing of Impairments would include small cell carcinoma of the lungs (Listing 13.14B), amputation of both hands (Listing 1.05A), or an aortic aneurysm with uncontrolled dissection (Listing 4.10). Approximately 25-30% of all disabled beneficiaries meet the level of severity for listings.

How Does SSA Define "Dire Need?"

The average waiting period for a hearing after a request for a hearing has been filed is 12-18 months. The wait time can vary depending on what state you live in but most states have at least a 12 month wait time. This is a very long time to wait . The wait time exists for several reasons, including a shortage of administrative law judges to hear cases.

SSA's New Rule for Submitting Evidence for Your Hearing

The Social Security Administration has issued a new rule regarding when written evidence is submitted to the court. Previously, written evidence such as medical records were submitted as soon as possible and preferably at least a week before the hearing. However, there was no official rule or regulation regarding when evidence was submitted.

Right to Counsel

With the impending change of administrations, many are speculating on potential modifications to federal programs, such as Social Security. Some persons in the Social Security Administration have even questioned why an attorney is necessary at a hearing. Isn't the informal process non-adversarial? Can we reduce judicial reversals and procedural errors without interference from counsel? While any attempts to improve efficiencies are laudable, the right to counsel should not be easily dismissed.

MIDWEST DISABILITY office locationS

Midwest Disability, P.A.
408 Northdale Boulevard Northwest
Coon Rapids, MN 55448
Toll Free: 888-351-0427
Fax:763-862-7521
Coon Rapids Law Office Map

Super Lawyers The National Trial Lawyers | Top 100 Trial Lawyers