social security disability SSD Disability

A blog by a former social security disability claims examiner about social security disability and SSI Disability issues and questions, but also general, health, and medical news.

Tuesday, April 28, 2009

Social Security Disability Deadlines

The topic of deadlines as they relate to social security disability comes up fairly often. Mainly, however, the subject is addressed due to false assumptions by applicants regarding the processing of initial disability applications.

Unlike various programs operated by state and local governments, SSD applications and SSI applications do not have processing deadlines. In other words, after you apply for disability, your claim may take one month to process...or five months to process. There is simply no time limit on how long a claim may inevitably take, though its safe to say that the averages quoted by the social security administration are fairly accurate. As a disability examiner, I found that most cases were usually decided within a three to four month time frame following the filing of a claim.

Of course, it bears mentioning that the one factor that accounts for the most processing time on a case, and the longest delays, is the wait for medical records. Social security makes every attempt to get a claimant's medical records so that a decision can be made as fast as possible. In fact, as soon as a case lands on a disability claim examiner's desk, the examiner's first primary task will be to send out requests for records to every medical treatment source listed by a claimant on their disability application.

However, in the end, however long it takes for a doctor's office or hospital to comply with the request and send records back...is entirely up to them.
As an examiner, I found that it was not unusual to have to make repeated calls to medical records departments and repeatedly fax over the same request for records multiple times. Working in representation, I found that the difficulties in obtaining records were no less, though some doctor's offices seemed to respond more quickly to followup calls from the office of a disability representative (not always the case, certainly).

So, back to the topic, are there deadlines for social security disability and SSI disability applications? No, there are not.

However, in an unofficial sense, there are deadlines of a type. And what I mean by that is this: each disability examiner who works on SSD and SSI claims is rated according to how fast they process cases. And the more cases they have that are "getting older" (often, not due to the examiner's fault), the worse it looks for the examiner's statistics.

Therefore, disability examiners have every clear incentive to get decisions made as quickly as possible. So, while there are no official deadlines on the the processing of disability claims, each disability examiner is expending effort to get cases off their desk ASAP.

This brings up, of course, the subject of what a claimant can do to help speed their case along. And that's fairly simple:

1. Always respond to correspondence related to a disability case. This includes letters from the social security office and letters from the disability examiner who is attempting to make a decision on the claim. Sometimes, failing to respond to a request for information can add significant time to the processing of a case.

2. Always report new information regarding treatment sources, diagnoses, and work activity to social security.

3. Always go to scheduled social security medical exams. Failing to do so can, at the very least, add significant amounts of processing time to a case. And, typically, for no good reason (failing to have transportation to a consultative exam is not the best reason for missing an appointment considering how long claimants are notified in advance that they have a medical exam scheduled).

4. Supply complete and detailed information when initially filing for disability.

It's extraordinary to think about it, but many claimants file an application for disability with only the barest details about their work history and medical treatment history. It's almost as if they seem to think that the social security administration has a crystal ball into which it can look and glean all the information that is required. However, that's not the case and if you give incomplete information when you apply for disability, you only disadvantage your claim by doing so.








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  • Social Security Disability Secrets
  • Social Security Disability Benefits Questions


    Additional Posts

    How do you prepare for a social security disability review?
    Continuing disability review for social security disability
    How often will my case be reviewed for social security disability?
    Social security disability appeal
    How to get a social security disability hearing scheduled faster
    How to request a social security disability hearing
    Social Security Disability Appeals Process
    Filing for Disability
    Filing for disability as soon as you are eligible

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  • Monday, December 1, 2008

    Should you Hire a Non Attorney for your Social Security Disability Claim

    I recently read some statements from a practicing social security disability attorney who seemed to have a problem with the fact that non-attorneys are allowed to represent claimants in social security disability cases.

    Many claimants probably have the notion that they can only be represented by a lawyer for a disability case, or that a lawyer will necessarily provide the best disability representation.

    Here's what I always say. A) Representation can usually help you. B) If your case is going to a social security disability hearing, you should be represented because it will increase your chances of winning--honestly, most claimants will have no idea of how to prepare for a disability hearing, or what certain terms and concepts mean.

    However, having said that, your representation does not need to be a lawyer. You can get a non-attorney and get representation that is as good or better. Why? Because the quality of representation on a social security disability or SSI case does not have anything to do with whether a rep is a trained attorney. It has more to do with knowing how social security cases are decided and what the requirements for eligibility are.

    Needless to say, it helps for a representative to be either a former disability examiner, a former social security claims rep, or even a nurse.

    Now it may surprise some people, but only recently were lawyers even allowed to represent initial veterans disability claims. Before that point, only non-attorneys were allowed to represent early cases. Basically, it was the thinking of the veterans administration that individuals pursuing va disability could get by just fine without an attorney as a representative. Therefore, it should not be surprising that the social security administration allows both attorneys and non-attorneys to represent applicants for social security disability and SSI disability. After all, some non-attorney reps used to work for the social security administration.

    Also, consider this fact: the decision makers on initial disability claims (applications) and first appeals (requests for reconsideration) are disability examiners...and examiners are not legal professionals. How much sense would it make if non-attorneys could issue decisions on disability claims (as disability examiners), yet non-attorneys representatives could not represent claimants? Answer: it wouldn't make any sense at all.

    Here's the truth of the social security disability system---it does not become a "legal environment" until one gets to federal district court. This is where you must have an attorney to represent you. However, at all levels prior to this,including the disability hearing before an administrative law judge, your representative can be a non-attorney because...the disability evaluation process is administrative not legal.

    In the end, though, whether you choose an attorney or non-attorney to help you, you should make your decision based on a gut instinct about the representative. Or based on someone else's gut instinct. Recommendations are often a great way to weed through the chaff and get a great representative.







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  • Social Security Disability Secrets
  • Social Security Disability Benefit Questions


    Additional Posts

    Social security definition of disability for SSD and SSI claims
    Social security disability definition
    How does social security define disability?

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    Social Security Disability Prior Posts

    Eligibility for disability benefits
    How long does it take for a reconsideration for SSI?
    Requirements for Disability Benefits
    Representative for a Social Security Disability Hearing
    SS Reconsideration
    Social Security Disability - Mental Impairment Qualifications
    Representation for a Social Security Disability or SSI Case
    Social Security Disability Attorney Fee
    Social Security Disability Decision Process
    SSD (Social Security Disability) Reconsideration
    Qualifying for disability on the first application
    Winning your Social Security Disability
    North Carolina Disability Attorney
    Virginia Disability Attorney
    Disability Questions 7
    Disability Questions 8
    Disability Questions Page 9
    Disability Determination for Social Security Disability Benefits
    Social Security Disability Forms and letters
    Social Security Disability Application Interview
    SSD Benefits, Depression, and Mental Testing




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