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. That being said, a decision on an application under initial review usually takes 3 or 4 months. 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. Most often, you will need to file a new application and start at the initial review process again. You are required to submit your appeal for reconsideration or hearing request no later than 60 days after you received notification that your case was not approved. And simply putting it in the mailbox on the 60th day will not cut it. You need to make sure that Social Security has received your paperwork and appeal within that deadline. 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 safest plan is to file your request for appeal right after you were notified of denial.
Q: Can you do anything to have your social security disability claim heard before an administrative judge more quickly?
A: It can be tricky to try to speed up the hearing process for your claim. That being said, there some steps you can take to improve your chances. You can submit a dire need letter to the Office of Hearings and Appeals, if you are having trouble with your financial responsibilities (for example, making mortgage payments and paying medical bills.) Supporting documentation demonstrating your dire situation should accompany the letter. 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. Another option is to request an on the record review of 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.
December 20th, 2009 at 7:01 am
A large number of cases initially reviewed by the Social Security Administration are not approved. Just because a case is denied, does not mean it cannot win in appeal. Often cases are denied simply due to lack of appropriate information. Having a social security lawyer on your side during an appeal process will guarantee that your case will be adjudicated properly. Having a social security lawyer handle your appeal will not guarantee that you will win, but it will give you a better chance than if you handled the process on your own.