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Posts tagged "SSI hearings"

The Importance of Attending Your Hearing

As you near the scheduled hearing date in your case, your attorney or case manager will ask you to arrive at the hearing location at least a half hour prior to your hearing. It is very important that you try your best to arrive early. You may have additional questions for your attorney or your attorney may wish to speak with you again before your hearing. It is also a good idea to give yourself some extra time in case of traffic issues or difficulty finding the hearing location.

On The Record (OTR) Decisions

On August 9, 2007, Social Security Administration issued a rule authorizing some attorney advisors to review case files and issue fully favorable decisions "on the record" (OTR), where the evidence in its entirety warrants disability. The practice was originally passed as a temporary measure to provide more timely service to claimants waiting for a hearing before an administrative law judge. However, Social Security Administration has seen success with the program and continues to extend the rule beyond its expiration date. The current rule has been extended through August 3, 2018.

Why does it take so long to get a hearing?

The short answer is a lack of funding for the Social Security Administration from Congress. Office of Hearings Operations (OHO) have not had an increase in funding in many years. SSA officials have told Congress that they need more Social Security Administrative Law Judges and support staff to administer the hearings. However, Congress has yet to provide that money. This issue has been in the news lately.

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.

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
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