Posts tagged "SSDI hearings"

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.

What Happens at a Hearing

Getting ready for a disability hearing can be a very stressful experience. Many people are not familiar court. Disability hearings are usually more informal than typical hearings. The judge might be wearing a robe, the judge will formally admit records into evidence and swear people to tell the truth but other than that, they can be informal.

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In Minnesota, we handle Social Security Disability Insurance (SSDI) claims. Throughout the nation, we handle SSDI applications and appeals for people from Ohio to Kansas, North Dakota to Texas and everywhere in between.

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Midwest Disability, P.A.
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Coon Rapids, MN 55448

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