Is It Possible to Expedite a Social Security Disability Hearing?
Posted by admin on Jun 19, 2009
Q: Are there any set time limits within which a decision on a social security disability claim has to be made?
A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. The average time it takes most cases to be initially reviewed, however, is about 90 days. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. If you miss deadlines for social security disability appeals, it can affect your claim. In some cases, you may have to start at step one all over again. If your case was not approved after the initial review process and you plan to appeal, you must file it within 60 days of the date of your denial. And simply putting it in the mailbox on the 60th day will not cut it. Social Security needs to have the appeal on record by that 60 day limit. The administration does grant you an additional 5 days to get the appeal submitted to give you some lee weigh for mailing time. You should not, however, put your case at risk by cutting a deadline too close. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.
Q: Is it possible to speed up the date for your social security disability case hearing?
A: Trying to have your case heard before an administrative judge more quickly can be challenging. That being said, there some steps you can take to improve your chances. If your financial circumstances are putting you in a difficult situation and you are in jeopardy of losing your home or medical care, you can send a letter of dire need to the office handling your hearing. Be certain to include proof of your financial situation with the letter you send. Things like copies of late notices and eviction letters will support your plea. The hearing office will then decide if your claim should be accelerated. You could also request an OTR review to speed up your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. The medical evidence must be undeniable for a claim to be approved after an on the record review. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.
Q: Are there witnesses for a social security disability hearing?
A: Judges base their decisions on medical records and information. Witnesses are allowed during the hearing, but it is up to the judge for your case to decide if the testimonies of witnesses will be used. A judge may call vocational and medical witnesses to help provide thorough background for your particular case.
Will Hiring a Social Security Lawyer Speed Up My Claim?
Posted by admin on Jun 11, 2009
Q:. Am I eligible for disability benefits, if I suffer from occasional seizures?
A: Not all applications for Social Security disability involving seizures are approved. The two factors that determine whether you qualify are how often the seizures occur, and if you are following the prescribed medication and treatment recommended by your doctor. For approval, major motor seizures must occur at least once a month during the daytime. Minor motor seizures must occur once a week or more. You must prove that you have been following the prescribed medication and therapies recommended by your doctor. If records indicate that you have not been taking prescribed medication, you will be denied benefits. The disability examiner in charge of your case will need to obtain copies of your medical records and an EEG. If you are having difficulty understanding what information is needed for your application or if your condition will qualify, contact a social security lawyer or a representative in the Social Security office.
Q: Why is the application process for claims so long?
A: Unlike applications for other federal programs, the Social Security office has no required timeline for processing applications for disability. Assuming all the required information was provided, it takes most applications 3 or 4 months to be processed. Most applicants receive a decision notice within 4 months, but it can take less or more time, depending on your specific case. There are many steps to processing your application. Once a disability examiner is assigned to your case, he must wait to receive your medical records before he can begin his review. The factor that influences the delay in the majority of cases is waiting for medical records. After reviewing your medical records, the examiner provides a synopsis of your case and passes it along to a medical specialist for consultation. The medical specialist renders an opinion and hands the file back over to the examiner. A decision about your case is made and you will then receive a letter informing you that your case has been denied or approved. You may choose to submit your file for reconsideration, if you were not approved initially. Your application will then be assigned to a new disability examiner and your file will undergo the review process with another specialist. If your application is denied after reconsideration and you wish to appeal, it is wise to have a social security lawyer on your side. Your case may eventually appear in an administrative court.
Q: Can I speed up the process by hiring a lawyer?
A: The process of applying for Social Security disability benefits can be overwhelming and confusing. Many applications must be filed again, after they were initially submitted with errors or missing information. A social security lawyer can help you navigate the process and assure that you have provided all the necessary components for your application. You know you will submit an application in the appropriate way that has all the correct information. This will help your application be processed more quickly. About 70 percent of applications filed are denied. In some of those instances, having an advocate like a social security lawyer may have increased the likelihood of approval. Most everyone advises the counsel of a social security lawyer, if you plan to appeal your case.
When Are You Eligible for Social Security Disability Insurance?
Posted by admin on Jun 5, 2009
Q: When is a person eligible for social security disability?
A: You can apply for social security disability benefits when you can no longer work, due to your condition. You are eligible if your injury will keep you from working for at least 12 months. As it often takes months for an initial decision to be made regarding a claim, make sure to submit your application for social security disability insurance as early as you can. You can apply for back payments for benefits, if you are approved for social security disability benefits. Regardless of how quickly your application is processed, you will not be able to receive benefits until 6 months after your date of onset. You cannot receive back payments for that waiting period.
Q: Where do I submit an application for social security disability benefits?
A: To submit a claim for social security disability, first contact your local Social Security office or apply online via the main Social Security web site. An interview with your claims representative will be scheduled. That interview can be done in person or via telephone. That representative will walk you through the required forms and make sure you have submitted everything for your claim. If you are unsure if you qualify for SSDI (social security disability insurance) or SSI (supplemental security income), your claims rep can help you. That representative can assist you with any submission for retroactive payments of social security disability, if applicable.
Q: Are there steps I can take that might help the chances that I will be awarded social security disability benefits?
A: A fair number of applications for social security benefits are not approved. But there are many things you can do to increase the chances that your claim is awarded. The first task is to simply make sure you applied correctly and completely. By staying in touch with your claims representative, you can easily know if anything required is missing. Having a supportive doctor who is willing to be your advocate can also help bolster your social security disability case. A detailed letter about your condition written by your treating physician is an asset to your file. The third thing you can do is to make sure your most recent medical records have been submitted for your claim. The main reason most social security disability applications are postponed is because of a wait on medical records. Lastly, be cooperative, meet deadlines and check in on your file. Finally, make sure you do not miss deadlines for paperwork, keep in touch with your claim representative to know where your file is in the process and always be courteous (no matter how frustrated you may get at times.)