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Posts Tagged ‘Administrative Law Judge’

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Why Should I Have My Administrative Hearing by Video?

Sunday, September 18th, 2011

If your Social Security disability claim has brought you to a hearing before an Administrative Law Judge, or ALJ, you may use technology to your advantage.

An alternative to an in-person hearing appearance the Social Security Administration offers is to appear before an ALJ through a videoconference link. This could greatly reduce your travel time to your hearing, and get it scheduled much faster. With a videoconference, you could appear closer to your home and it could make it more convenient for people testifying on your behalf to appear.

During a videoconference hearing, the ALJ remains in their office, and the hearing is conducted over a secure Internet connection. Both sides view each other on large color video monitors. A government hired technician is responsible for setting up and maintaining the link. If the Social Security Administration (SSA) has videoconference equipment in your area, you’ll be contacted to schedule a time, and the ALJ will allow you the opportunity to reject the time and place and request another time and venue. Video hearings are beneficial to the ALJ and their office because it cuts down on their travel burden and allows an ALJ to conduct hearings with more people over a wider area more efficiently.

The only difference between a video hearing and a typical one is you are in one conference room and the ALJ is in their office, sometimes hundreds of miles away. Through the video link, the ALJ is able to see, hear and observe in real time, as if they were in the room with you. The ALJ has remote control of the camera, allowing them to zoom in and out of the room and view the proceedings from different angles of view.

The SSA, like many governmental agencies, has been a victim of budget cuts and backlogs. Underfunding and understaffing have resulted in an increasingly difficult ability to handle pending disability claims, which reached an all-time high of 768,540 in december 2008, according to government statistics. Since then, there have been an average of 760,000 claims processed annually, government statistics show. In 2009 the SSA got the funding to hire 147 ALJs and over 1,000 support staff. Their numbers increased in 2010 with additional funding, with an additional 226 Administrative Law Judges sworn in. A National Hearing Center was established in 2010 as well, to handle electronic files and oversee the videoconference hearings.

Although convenient and time saving, videoconference hearings aren’t for everyone. People have written first-hand accounts on disability blogs they feel the video hearings are impersonal and they are uncomfortable with the technology. Talking to a judge on a video monitor is unsettling for some. Some attorneys complain of unfamiliarity of the ALJs because they don’t preside locally. Knowing a judge’s personality and ruling history helps them present stronger cases, they say.

You are not required to accept a video hearing, but if you refuse, expect to add one to three months — by average — to the process, experts say.

For more information about video hearings, visit this link on the Social Security Administration’s web site: http://www.ssa.gov/appeals/odar_pubs/70-067.html

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What Happens at an Administrative Hearing?

Saturday, September 17th, 2011

A hearing before a Social Security Administrative Law Judge (ALJ) begins after your Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) claim has been denied AND your appeal, or reconsideration, has also failed. You then have the right to have your claim decided by an ALJ.

So, what does that process look like?

You or your legal representative may file a request in writing within 60 days of receiving notice your reconsideration claim has been denied. Failing to get your request submitted within that time frame could result in the ALJ dismissing your appeal. According to the Social Security Administration’s guidelines, you must provide a “good reason” for going beyond the 60 day time limit. If your appeal is filed late you must explain why in writing and request the Social Security office extends the time limit. This is decided on a case-by-case basis, and is not guaranteed to be successful.

After your hearing is requested, the Social Security Administration (SSA) office transfers your case file to the ALJ’s office, and an appearance can be scheduled. Appearances can be either in person or by a video conference link. Often, a video conference appearance can be scheduled quicker, due to ALJ travel schedules and case backlogs. There are 161 hearing offices across the country, and according to the SSA, 40 percent of hearings are held remotely through a video link, lessening the likelihood you’ll have to travel far for your hearing. Whichever method is used, you should be given a 20 day advance notice outlining the time, date and location of your hearing.

Hearings are usually held within 75 miles of your hometown, but they can be farther away if the ALJ wants to consolidate hearings into a central regional location. If travel is a hardship, contact the SSA to make alternative arrangements.

It is crucial to have everything regarding your claim submitted prior to your hearing. Make sure all paperwork, government forms, doctors’ bills, medical histories and other information is on file.

The SSA offers the following advice for helping the hearing process go more smoothly and quicker: If you choose to have a lawyer represent you, obtain one as soon as possible. This will allow your counsel adequate time to review your claim and prepare your case. If you cut it too close, your hearing may have to be postponed. This is a problem because most hearings are scheduled two or three months in advance. Also, don’t cancel a hearing unless absolutely necessary. This can push you to the back of the line and add months to the process.

If you don’t want to appear in person at the hearing, you must notify the SSA in writing. Then, you have to ask the ALJ to make a decision based on the contents of your file. The ALJ may decide, however, that you need to be present, especially to explain certain aspects of your disability claim. In that case, you will be required to appear. If you don’t appear and can’t provide an acceptable excuse for your absence, the ALJ could very well dismiss your claim.

At the hearing, the ALJ will explain the issues regarding your case and may question you or any witnesses you bring to testify on your behalf. The ALJ may also ask doctors or vocational experts to testify about your medical condition and ability to work. All questioning is done under oath, and you and your lawyer may question the other witnesses.

At the end of the hearing the ALJ will most likely move to close your Administrative Hearing Record, in order to prepare their decision. Normally, you won’t receive that decision at the hearing, but as many as 90 days afterwards. Sometimes an ALJ will make what is called a “bench decision,” although this is rare. In these cases, the ALJ determines your claim is strong enough for them to issue an “oral decision.” Usually, within seven to 10 days you’ll receive a summary of your hearing explaining you received a “fully-favorable decision” and you are eligible for benefits.

There are four possible decisions that can be handed down by the ALJ:

  1. Fully-Favorable Decision
  2. Partially-Favorable Decision
  3. Unfavorable Decision
  4. Dismissal

A Fully-Favorable Decision is issued when the ALJ has approved you for the entire period of disability you have requested. This is based on your last working day, and you will receive continuing monthly benefits.

A Partially -Favorable Decision comes when the ALJ agrees you are entitled to disability benefits, but does not grant them for the entire period you requested. This decision can stem from the ALJ’s opinion that you were disabled at a later date than you claimed, or you had past disability but were able to work. The ALJ must write in their decision why they ruled in this manner.

An Unfavorable Decision comes when the ALJ determines you are not eligible for disability benefits for any of the time you requested. In their written decision, the ALJ will provide full details of why you failed to meet SSI or SSDI requirements. The ALJ is also required to explain why your doctors’ medical opinion were not acceptable.

Finally, a hearing may result in Dismissal. Under this decision the ALJ determines that medical proof of your disability is not necessary. The ruling is you are not entitled to disability payments. Dismissals are usually the result of failure to attend your scheduled hearing, a too late filing for a hearing request (more than 60 days), or if you volunteer to withdraw your hearing request.

The national average is 30 to 90 days from the closing of the administrative record for the ALJ’s decision to be received, although there is no time limit for the ALJ. Bench decisions and dismissals are the fastest, and average about a week to process. Fully-favorable decisions average between 30 to 45 days, while partially-favorable decisions can take much longer due to the bureaucracy involved, according to national averages and Social Security disability advocates.

For more information on this topic, visit this link on the SSA’s website:

http://www.ssa.gov/appeals/hearing_process.html

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Being Awarded Social Security Disability is based on functional capacity, but what is functional capacity?

Tuesday, March 15th, 2011

If your Social Security Disability application is reviewed by a Social Security disability examiner or an Administrative Law Judge they will use three basic criteria to determine if you are disabled. First, do you have a mental or physical condition that is substantiated through medical documentation? Second, is your condition so severe that it prevents you from performing substantial gainful activity? Third, is your mental or physical health condition expected to last for at least 12 months or result in your death?

The disability examiner will specifically use what the Social Security Administration calls the Sequential Evaluation Process to determine if you are disabled.

STEP 1: Are you working?

If a claimant is working and the Social Security Administration determines it is “substantial work” the Social Security Disability claim is automatically denied without a review of the claimant’s mental or physical health condition.

STEP 2: Do you have a severe impairment?

If a claimant’s condition is not severe and does not affect their functional ability to work the claimant is denied Social Security Disability benefits.

STEP 3: Does the impairment equal or exceed an impairment listed in the guidelines?

The Social Security Administration has a list of impairments which they consider severe and if a claimant’s condition equals or exceeds the listing the claimant is automatically awarded Social Security Disability benefits.

Now you may be curious about the question of functional capacity to perform work and how it is factored into the Social Security Disability decision. Until Step 4 of the sequential analysis, functional work capacity is not considered, but at Step 4 it is the most important consideration that the disability examiner will consider when awarding disability benefits.

STEP 4: Are you able to do your past employment?

The disability examiner will review all of the relevant jobs a claimant has performed over the past 15 years and determine if the claimant has enough “residual work capacity” to perform their past job or a similar job. If the disability examiner determines you are not substantially limited by your mental or physical health condition and you can perform past work, you will be denied Social Security Disability benefits.

STEP 5: Is there any other lighter work you can do?

The disability examiner will assess a claimant’s physical abilities which include the nature and extent of the claimant’s limitations and their ability to work a job on a continuing and regular basis. Physical limitations can include the inability to: sit, stand, walk, lift, carry, push, pull, stoop, reach, crouch or manipulate objects. The mental abilities of the claimant are also evaluated including their inability to: understand, remember, carry out instructions, respond to supervisors or adapt to a work setting.

The Social Security Administration does not decide disability based on functional capacity alone in fact, there are a variety of vocational factors which are also considered such as a claimant’s age, educational level and work history. The most important consideration for claimants, however, is not what type of disability they have been diagnosed with but whether or not their condition(s) are severe and leave them with so little residual functional capacity to work that the claimant is unable to perform substantial gainful activity.

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Denied at a Disability Hearing

Thursday, February 24th, 2011

Claimants denied Social Security Disability benefits at the Administrative Hearing level have already been denied once or twice at the application level and the reconsideration level (unless this level was omitted). At this point most claimants are very discouraged and maybe even angry.

If this sounds like how you feel, you are not alone. It is estimated that up to 60% of Social Security Disability claimants who go to a Social Security Disability hearing, and are not represented by a Social Security Disability lawyer, will have their Social Security Insurance Disability Insurance or Supplemental Security Income benefits denied.

So what should you do next? Should you file a new Social Security Disability application and begin the fight all over again or should you attempt to file another appeal with the Appeals Council in the last step of the Social Security Disability appeals process? Let’s talk about your options.

Appealing to the Appeals Council

If you decide you would like to appeal the Administrative Hearing Decision to the Administrative Appeals Judge you will have 60 days from the date you receive the notice of denial to ask for any type of appeal. The Social Security Administration will assume you have received the denial notice within 5 days from the date they have mailed it, unless you can prove otherwise.

The Appeals Council has the right to refuse to review your case. They do look at all requests for reviews, but if they decide the hearing decision was accurate, they may deny the request for review. If the Appeals Council decides to review your case they can do one of two things 1) they may review the case themselves or 2) send your case back to the Administrative Law Judge who initially reviewed the Social Security Disability case and made the denial decision. The Appeals Council, if they decide to review your Social Security Disability case, may evaluate all of the issues of your case and will send you a copy of their final decision.

What happens if the Appeals Council denies your claim or they refuse to review your Social Security Disability claim? Filing a civil suit in the federal district court is the last step to challenge the federal government’s denial of your Social Security Disability claim. If you decide to file a claim to evaluate the judicial review of the Social Security Administration’s denial decision the Social Security Administration will be responsible for putting together the record for the SSD claim for the court. The Social Security Administration will provide all the documents and evidence they reviewed to make their decision. Claimants will be charged for filing a case in federal court. If you choose to file an appeal with the Appeals Council, get ready to wait. According to the Social Security Administration’s statistics their average processing time for Appeals Council cases can be up to 260 days.

Applying for Social Security Disability Benefits a Second Time

If you have been denied Social Security Disability benefits at the Administrative Hearing level you may decide to simply re-file and start the process a second time. This is not ideal, but many Social Security Disability lawyers will tell you it is your best chance for receiving Social Security Disability benefits. How do you improve your chances for approval a second time?

  • Get consistent medical care and find a physician who will support your Social Security disability case. Ideally, your physician will provide RFC or residual functional capacity forms which specifically outline your physical or mental limitations.
  • Get copies of your medical records, including records from recent appointments and provide these medical records to the Social Security Administration when you reapply for SSDI or SSI benefits.
  • Answer all Social Security Administration letters and calls as quickly as possible and attend all required medical exams. Do not let deadlines pass. Failure to appeal either the application denial or reconsideration denial may force you to start the process again.
  • Contact a Social Security Disability lawyer for help. Social Security Disability attorneys help hundreds of claimants a year and understand the Social Security Disability process. SSDI and SSI lawyers understand how to prove you are unable to perform any type of job.
  • Be patient. Kind and courteous. Claimants who are easy to work with have a better chance of getting the help they need.

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How long does it take to get a Social Security hearing decision?

Monday, February 14th, 2011

Has it been weeks since you attended your Social Security Disability Hearing and presented evidence for your Social Security Disability claim? Maybe you are wondering if you have been approved for Social Security Disability benefits. No doubt you are frustrated. You may have thought you would receive your benefit notice at the hearing. Maybe the Administrative Law Judge gave you some indication you would receive benefits, but you have waited weeks or months and you have not received payment.

So how long will you have to wait to receive your Social Security Disability hearing decision? Like other processes within the Social Security Administration, the answer is not clear-cut. It may depend on the number of cases assigned to the Administrative Law Judge or how many Social Security Disability Insurance or Supplemental Security Income cases are assigned to your Social Security Disability hearing office.

Most Social Security Disability hearing decisions are made with in 45 to 90 days after the Social Security Disability hearing. If you have not received your Social Security Disability hearing notice after this time you can contact the Social Security Administration, your hearing office or your Social Security Disability lawyer for more information.

Do Denials take longer than Approvals?

Denials and approvals both take a long time to process. There is some evidence to suggest the longer it takes to process a claim the greater chance it will be a denial, but this is not always the case. In fact, many Administrative Law Judges will have all of their decisions written by a decision writer which increases the amount of time it takes to process Social Security Disability decisions including denials and approvals.

If you are waiting for a Social Security Disability hearing decision, do not be discouraged. If you are awarded Social Security Disability Insurance or Supplemental Security Income benefits you are near the end of the Social Security Disability process. If you are denied Social Security Disability benefits, it may be time for you to regroup and consider what you can do differently if you decide to apply for Social Security Disability benefits a second time.

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Can I work and get Social Security Disability benefits?

Wednesday, February 9th, 2011

Claimants may qualify for Supplemental Security Income or Social Security Disability Insurance working part-time and receiving a limited income, but Social Security Disability Income (SSDI) or Supplemental Security Income (SSI) will be denied by the Social Security Administration if the SSA determines the Social Security Disability applicant is performing “substantial gainful activity”.

Substantial Gainful Activity

The Social Security Administration defines “substantial gainful activity” as doing any type of mental or physical activity which is “substantial”. Work is considered substantial if the non-blind applicant makes a gross income of $1,000 per month (for 2010), and the blind applicant makes a gross income of $1,640 per month (for 2010).

Activity or work does not have to be performed full-time to be substantial. When claimants consider “work” or “gainful activity” they might think of a full-time job that they do 40 hours per week, but activity can be gainful under the Social Security Administration’s definition if it meets any of the following Social Security Administration’s criteria:

·         Any work performed or done for pay or profit.

·         Work which normally receives pay or profit

·         Work which is intended for profit even if profit is not realized

After a claimant applies for Social Security Disability their application is sent to the disability examiner who will review their application to determine if their mental or physical health condition is severe enough to receive disability benefits. Claimants working above the pre-defined SGA level will have their Social Security Disability application denied by the Social Security Administration before it is sent to the disability examiner, and the disability examiner will not have a chance to evaluate the severity of the mental or physical health condition.

Claimants often are not healthy enough to work full-time and often seek Social Security Disability benefits for short-term or partial disability payments. Unfortunately, Social Security Disability benefits are only for claimants who have a mental or physical health condition which is expected to last for at least 12 months or result in death. Claimants who need Social Security Disability benefits should not expect to work at a level which can support themselves or their family.

The idea of substantial gainful activity is not only factored into the decision at the Social Security Disability application level and Social Security disability appeal’s process but also for every review for continuing an applicant’s Social Security Disability benefits.  Any claimant who currently receives Social Security Disability benefits and is considering returning to work in any part-time capacity should contact the Social Security Administration. Regulations and income rules can change. Returning to work and making more than the allowable income amount can jeopardize the claimant’s rights to continue receiving Social Security Disability benefits. Talk to a Social Security Disability lawyer for more information about your rights to work.

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Questions Always Asked at a Social Security Disability Hearing

Wednesday, December 29th, 2010

You may be nervous about your Social Security Disability hearing. What type of questions will the Administrative Law judge ask? Who will be there? What happens if you say something wrong or do not know the answers the disability questions?

The good news is the Social Security Disability hearing is not the type of hearing we have all seen on television. There is not a defense attorney present, and the Social Security Disability claimant will not have to sit in front of a crowded courtroom with hundreds of spectators looking on.

The Social Security Disability hearing is generally held in a small room at a county courthouse or another predetermined location. The attendees generally include the claimant’s Social Security Disability lawyer, the Administrative Law Judge, a vocational expert and possibly a medical expert.

Social Security Disability Hearings can last from fifteen minutes to one hour and are very informal. The claimant should dress in normal everyday attire. The Social Security Disability hearing is tape recorded, and the claimant and all of the other witnesses are answering their questions under oath.

Every Administrative Law Judges has their own method of conducting the Social Security Disability hearing. Some Administrative Law Judges prefer to ask all of the questions themselves, while others rely heavily on the claimant’s Social Security Disability attorney to ask the questions.

If your Social Security Disability lawyer is responsible for asking the questions this is good news for you. Hopefully, prior to the hearing, you have met or spoken with your SSD lawyer and discussed the rules and procedures for the disability hearing. You Social Security Disability lawyer should also review all possible questions with you, specifically the questions which are asked at every Social Security Disability hearing.

Questions which will always be asked, either by the attending Administration Law Judge or your Social Security Disability lawyer, include:

  • What is your full legal name?
  • What is your social security number?
  • What is your mailing address?
  • How tall are? How much do you weigh?
  • What is you highest level of education?
  • Have you received any vocational or educational training after high school?

The Administrative Law Judge will also need to know if you meet the most basic criteria for disability benefits which include the inability to work at a substantial gainful level. Questions which will generally be asked about your ability to work can include:

  • Are you currently working?
  • If so, how many hours per week and how much do you make per month?
  • Have you had any unsuccessful work attempts?
  • If you had unsuccessful work attempts how long did you attempt to work and why did you finally have to leave your job?

The Administrative Law Judge does not have a specific amount of time to render their disability decision in fact, they may take as long as they “deem necessary”. They are encouraged to make the Social Security Disability decision as soon as possible, but it could still take six to 12 weeks due to the backlog at many Social Security Disability hearing offices across the United States.

The good news is that many Administrative Law Judges can make a disability decision right away because they do not have to wait months to receive medical documentation (unlike the Disability Determinations Office), and the medical development of the case and evidence for the claim have already be gathered and evaluated.

If you are scheduled to attend a Social Security Disability hearing, it is important to contact a Social Security Disability lawyer as soon as possible. Some Administrative Law Judges will not hear a case if a claimant is not represented either by legal counsel or by a non-attorney representative who understands the Social Security Disability hearing process and can argue the Social Security Disability claimant’s case.

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How much does a Social Security Disability Lawyer make?

Wednesday, December 15th, 2010

Social Security Disability lawyer’s salary will vary based on the number of Social Security Disability cases they handle each year. Some Social Security Disability attorneys can make a substantial amount of money, but what you are most likely interested in is how much money you will have to pay them to accept and win your Social Security Disability case.

It is important to understand that Social Security Disability lawyers work on a contingency fee basis and will not be paid by their clients unless they win the case. Most Social Security Disability lawyers will not take Social Security Disability cases they do not think they have a chance to win.

The Federal government has capped the amount of money that the disability lawyer can win and periodically updates this amount. In 2010 the maximum allowed is 25% of a Social Security Disability claimant’s back pay or a maximum of $6,000 per case. Do all disability claimants have back pay? Most disability claimants will have a certain amount of back pay due to the length of time it takes the Social Security Administration to process Social Security Disability claims.

The fee charged by the Social Security Disability lawyer may not be the only costs for accepting a disability claim. There may be additional “processing fees” which can include any out of pocket expenses the disability attorney incurs. One of the most common expenses is for requesting medical records for the claimant. Almost all medical sources will charge for reprinting a claimant’s medical records. This cost may be incurred by the attorney who will try to recoup it from their disability claimant. Disability lawyers may also charge their clients costs to travel to and from the Social Security Disability Administrative hearing. If you are unsure about what a Social Security Disability lawyer may charge it is important to finalize these details before signing the fee agreement.

Before deciding whether or not to hire a Social Security Disability lawyer you need to consider not only the cost of hiring them, but also what benefit a Social Security Disability attorney may offer. The real question is not cost, but can you win your Social Security Disability claim without hiring an attorney.

The Social Security Disability process can take a long time, and the Social Security Administration will need detailed medical information from you. Most claimants are denied at both the initial application level and the Reconsideration level which means they eventually will have to attend a disability hearing and plead their case to an Administrative Law Judge. Are you ready to plead your claim? Do you understand the Social Security Disability hearing procedures? Have you reviewed your medical records? Are you sure your medical records provide evidence that you are unable to perform substantial gainful activity?

If you have answered ‘no’ to any of these questions, you are not ready to argue your Social Security Disability claim before an Administrative Law Judge. It is time to contact a Social Security Disability lawyer for help.

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Can you speed up a Social Security Disability Hearing Decision?

Monday, November 15th, 2010

If you want to have the request for your Social Security Disability hearing expedited there may be a few things you can do such as request a congressional inquiry from a senator or congressman – which only a few claimants will successfully be able to do- or prove you are in “dire need” for an expedited hearing. The bottom line is most Social Security Disability claimants will be unable to speed up their Social Security Disability hearing because there are thousands of Social Security Disability hearings which have been requested, and there are a limited number of Administrative Law Judges available to hear the cases.

So if you can not speed up a Social Security Disability hearing, is there anything you can do to expedite the processing of your Social Security Disability claim? Thankfully, there are many things you can do to help the Social Security Administration process your claim or award you Social Security Disability benefits as soon as possible, at the lowest level possible.

  1. Respond to all requests from the Social Security Administration as soon as you receive them. Failure to respond to calls or letters extends the amount of time needed to process your SSD claim. Continued failure to answer the Social Security Administration’s requests for information may result in the dismissal of your Social Security Disability claim for failure to cooperate.
  2. Attend all Social Security Disability consultative exams. Reschedule an exam as soon as possible if you are unable to attend.
  3. File all Social Security Appeals as soon as you receive your Social Security Disability denial letter. Claimants have 60 days to appeal denial decisions, but if you wait the full 60 days every time you are denied, you can substantially delay the processing time.
  4. If the Administrative Law Judge has ordered a Social Security Disability file left open because they lack medical records, you can expedite the process by going and physically getting the medical records from the appropriate medical sources. This may or may not be practical, depending on the situation, but regardless, be involved and proactive with your Social Security Disability claim.
  5. Get consistent medical care from your doctor and ask him to provide documentation about how your mental or physical health condition limits your ability to work. If you have the right documentation, prior to applying for Social Security Disability, you may be able to avoid a consultative exam.
  6. Hire a Social Security Disability lawyer. Disability lawyers or non-attorney representatives understand the Social Security Disability process. A large attorney’s office may process hundreds of disability claims each year. A Social Security Disability lawyer can help you avoid common mistakes and help you complete the appropriate tasks right the first time.

Why does it take so long to get a disability decision? There are a lot of reasons including: inefficiencies in the Social Security processes, the large number or claimants who apply for disability benefits and the lack of Social Security Administration workers available to process Social Security Disability claims. Gathering medical records is one of the greatest challenges for the Social Security Administration. If you can proactively ensure the disability examiner has everything they need to make a disability decision for your claim, you can substantially decrease the time it will take to make a disability decision.

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Is winning disability quickly from Social Security really possible?

Thursday, October 7th, 2010

Is winning Social Security Disability benefits quickly from the Social Security Administration really possible? Yes, for some people the process can take as little as thirty-days. Claimants who have a condition which will likely result in death or meets one of the Social Security Impairment Listings have the highest chance of having their Social Security Disability benefits approved at the application level.

The Social Security Administration has created the Impairment Listings to identify 14 areas of disability. Claimants, who have a disability that equals a listing or is found to be as severe as a listing, may receive Supplemental Security Income or Social Security Disability Insurance immediately based on that medical conclusion alone. Claimants who do not have a condition which meets or equals a listing will have their Social Security Disability case reviewed more extensively by the disability examiner.

Unfortunately, most Social Security Disability cases do not meet or equal a listing and the examiner must consider other factors such as whether or not the claimant can perform their old job or any other job given their age,  education, work experience and residual functional capacity (RFC). Medical vocational guidelines have been created by the Social Security Administration and the medical examiner can use these guidelines to help make their decision.

So why does it takes so long to win Social Security Disability benefits? Claimants whose condition is not listed in the SSA Impairment Listing and do not meet the medical vocational guidelines will have their claim denied. Claimants who wish to pursue Social Security Disability benefits must appeal the denial within 60 days from the date of the denial letter. The first step in Social Security Disability appeal’s denial process is the reconsideration phase.

Reconsiderations are approved 20% of the time and may take 30 to 60 days to process. Unfortunately, the 80% of claimants who are denied Social Security Disability benefits at the reconsideration level will have to appeal their denial and request a Social Security Disability hearing. The time frame to get a hearing date will vary depending on where a claimant lives. In some parts of the country it may take a few months while in other locations it could take one to two years to get a hearing date with an Administrative Law Judge.

You have waited for the initial decision, fought through the reconsideration and presented a solid case before the Administrative Law Judge at your Social Security Disability Hearing. The wait is over right? Unfortunately, it may take several more months for the Administrative Law Judge to submit their decision for the claimant’s case.

The good news for most claimants who pursue their claim and appear before the Administrative Law Judge is they have a good chance of receiving Social Security Disability benefits, especially if they are represented by competent legal counsel. Unlike the medical examiner who relies on the medical records, the List of Impairments and a vocational grid to make their decision of disability, the Administrative Law Judge can make a subjective decision after meeting with the claimant, asking the claimant questions about their limitations and conditions and studying their medical records.

Is it possible to win Social Security Disability benefits quickly? For the majority of claimants the answer is no. But with a little persistence, a great Social Security Disability lawyer and strong medical evidence most claimants do eventually get the Social Security Disability benefits they deserve.

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