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.

A key to winning Social Security Disability Insurance or Supplemental Security Income is to understand how the Social Security Administration (SSA) determines you are disabled. Does it matter what your age, the types of jobs you have worked in the last 15 years or your educational level? Not if you can prove you are unable to perform substantial gainful activity or work.

Social Security Disability Insurance or Supplemental Security Income is monthly financial assistance provided by the federal government to claimants who are unable to work and support themselves. The Social Security Administration does not want to approve any claimants for benefits who they do not consider eligible and truly mentally or physically disabled.

What is a disabling health condition according to the Social Security Administration? A disabling mental or physical health condition is an impairment that is severe, does not allow the claimant to work and is expected to keep the claimant from working for at least one year or more. If you are able to perform substantial work of any type (which you are qualified to perform given your age, educational level or work history) you will not be awarded benefits.

Another way to look at it is to determine the lowest level of work you would be qualified to do, evaluate your residual functional capacity to work and determine if you could perform that job. For instance, if you are able to sit down and focus for 8 hours per day the SSA may determine you could be a security monitor, Wal-Mart greeter, ticket taker or small parts assembler. If you could be retrained to perform these unskilled (or semi-skilled), low stress and sedentary jobs the Social Security Administration will not award you SSI or SSDI benefits. You will also be denied Social Security Disability benefits if you have a severe condition but you are going to recover within one year.

Before Filing a Social Security Disability Claim

• Make sure you have a valid Social Security Disability Claim. If you are still working, if your condition is short-term or if you have a partial disability, do not waste your time. Social Security Disability benefits are not awarded for partial disabilities unless the totality of several conditions does not allow you to work. As mentioned above, if your disabling health condition is not going to last for at least one year or if you are working too much the Social Security Administration will deny Social Security Disability benefits before evaluating the severity of your mental or physical health condition.

• Talk to a Social Security Disability lawyer. Many disability lawyers provide free Social Security Disability screenings to evaluate your Social Security Disability claim. Social Security Disability lawyers work on a contingency fee basis and generally do not take Social Security Disability cases they do not think they have a chance at winning.

• If you are working part-time be aware you may have difficulty receiving benefits. Part-time work can be held against a claimant, especially at the initial application or reconsideration level. Many disability examiners will see part-time work as evidence that the claimant may not have a severe physical or mental disabling health condition.

• Make sure you are seeing a doctor. Claimants apply for Social Security Disability benefits all the time without any supporting evidence for their impairment. The Social Security Administration may accept your application and process your Social Security Disability claim but you will have to see a Consultative Examiner who may or may not provide useful information for your SSDI or SSI case. If you want to hire a Social Security Disability lawyer you must be willing to get professional medical care or most Social Security Disability lawyers will not take your case.

If you can not work due to a severe mental or physical health condition, file a Social Security Disability claim. You can file a Social Security Disability claim online, over the phone or in person at the nearest Social Security Administration office.

If you have been denied either Social Security Disability Insurance or Supplemental Security Income you must decide if you would like to appeal the Social Security Disability denial decision. The first step in the Social Security Disability appeal’s process, in most states, is the reconsideration. Claimants have sixty-days from the date of the Social Security Disability denial letter to file their Social Security Disability reconsideration paperwork. Claimants may file their reconsiderations online or pick up the paperwork at the nearest Social Security Disability office.

The Social Security Disability reconsideration is another review of your medical records and work activities from a disability examiner who was not involved in the initial denial. The disability examiner will use the same criteria and disability rules to evaluate the claimant’s Social Security Disability claim. Consequently, up to 80% of Social Security Disability reconsiderations are denied a second time. If a claimant is denied a second time at the Social Security Disability reconsideration level it is important to discuss your Social Security Disability case with a Social Security Disability lawyer. Social Security Disability lawyers can help claimants evaluate their Social Security Disability claim and file a request for a Social Security Disability hearing in front of an Administrative Law Judge.

Social Security Disability hearings must be requested within 60 days from the date of the reconsideration denial letter. Claimants who do not file their request for their Social Security Disability hearing prior to the deadline will have to file a new Social Security Disability application and start the process again. Request for Social Security Disability hearings are sent from the Social Security Administration Office to the Social Security Hearing Office. The Social Security Hearing Office will schedule the claimant’s Social Security Disability hearing before the Administrative Law Judge.

Scheduling a claimant’s Social Security Disability hearing can take months or even years. The time it takes to schedule the hearing can vary based on the case load at the court where the hearing is scheduled. Administrative Law Judge’s decisions, however, are not necessarily scrutinized as closely as other disability examiners, and they are able to meet the claimant in person, ask questions about the claimant’s disabilities and thoroughly review the claimant’s disability case prior to making their decision. As a result, claimants who make it to the Social Security Disability Hearing level will have a greater chance of receiving Social Security Disability benefits than they did at the Social Security Disability reconsideration level.

What can a claimant do to increase their chances of winning Social Security Disability benefits? Claimants who have waited years for Social Security Disability benefits should discuss their case with a Social Security Disability attorney. Statistically, a claimant’s chances of receiving Social Security Disability benefits at the hearing level increases if they have legal representation. Social Security Disability lawyers understand the legal procedures of the hearing, can gather current medical information about the client’s mental and physical health conditions, answer the claimant’s questions and prep the claimant for their appearance in court. A Social Security Disability lawyer will develop a claimant’s case and present evidence in an unemotional and objective manner to prove the claimant is unable to work, something which may be difficult for a claimant to do.

The Social Security Disability hearing will be scheduled within a few miles from the claimant’s residence. Notice for the Hearing will be sent at least 20 days before the Social Security Disability hearing date. Claimants who wish to hire a Social Security Disability lawyer should contact a lawyer prior to requesting the hearing. Waiting until you receive the hearing notice will not give a Social Security Disability lawyer enough time to gather relevant medical records and prepare the Social Security Disability case.  The claimant’s legal representative will be given the claimants Social Security file and any medical information which has recently been collected.

Decisions for the Social Security Disability hearings are sent to the claimant. If the claimant is awarded Social Security Disability benefits the letter will detail the date the payments will begin and the amount the claimant is eligible to receive.

If Social Security Disability benefits are denied at the hearing level the claimant may appeal their denial decision with the Social Security Appeals’ Council. The Appeals’ Council may review the claim and make a decision about whether they are willing to hearing the claimant’s claim or whether they will send it instead to another Administrative Law Judge for a second review. The Appeals’ Council is the last step in the Social Security Disability appeal’s process. Unfavorable opinions at the Appeals’ Council level may be challenged in United States Federal Court.

Social Security Disability benefits are denied for a variety of reasons. If you have been denied either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits it could mean you may have failed to meet the nonmedical conditions and you have insufficient work credits for SSDI or you have too many resources or income to qualify for Supplemental Security Income. Social Security Disability benefits are also denied for medical reasons which means the Social Security Administration has determined either your condition or illness does not meet the Social Security Administration’s definition of “disabled”, or you did not have sufficient medical evidence to prove you were disabled.

Countless Social Security Disability claims are denied each year and many of those claims are legitimate. Some claimants have had success winning Social Security Disability Insurance or Supplemental Security Income by contacting a Social Security Disability attorney to review their SSDI or SSI claim and file a Social Security Disability appeal.

What a Denial Means For You?

So you have filled out the Social Security Disability application, sent it to the Social Security Administration and patiently waited months for the decision. Now you are staring at a denial. You may be frustrated, sick and angry. What does this denial mean for you? Does it mean you will never get Social Security Disability benefits? What is the next step?

The good and bad news is you are not alone. Over 75% of first time SSD applications are denied. As mentioned before, many of these claims are legitimate, and the claimants will eventually be awarded benefits. If you are staring at a denial letter, if you are disabled with a mental or physical health condition that keeps you from employment and is expected to last for at least 12 months, it is time to file your Social Security Disability appeal.

Many claimants never file a Social Security Disability appeal and simply keep refilling for benefits over and over again. This may seem like a simpler solution but unfortunately this decision generally renders the same decision. New Social Security Disability applications are reviewed by the Disability Determination Services office (DDS). DDS examiners are responsible for analyzing each Social Security Disability application and making a medical determination about each claimant’s case. The DDS examiners have very strict, formalized criteria which they use for this review, and although your second application probably will not be reviewed by the same examiner, in most cases, the second examiner will make the same decision.

Filing a Social Security Disability Appeal

Filing a Social Security Disability appeal is often the best course of action for most claimants because it allows the claimant an opportunity to eventually present their SSD case to an Administrative Law Judge. Administrative Hearings are generally the third step in the Social Security Appeals process, and they allow claimants a chance to meet the decision maker face to face, offer medical evidence and present witnesses for their case. Judges are not bogged down by strict guidelines and oversight, and statistically, claimants have a forty-percent chance of winning their Social Security Disability benefits in an Administrative hearing even if they choose to fight for benefits without the help of a Social Security Disability Attorney. Claimants who choose to hire a Social Security Disability attorney have an even higher chance of winning Social Security Disability benefits.

How can a SSD lawyer help? Lawyers can gather recent medical evidence, present information about your residual functional capacity for working and question the vocational and medical experts.

Don’t keep applying over and over again for Social Security Disability benefits, remaining in an endless cycle of repetitive denials. Talk to a Social Security Disability lawyer about what type of evidence you need to win your Social Security Disability claim.

Most Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) applications will be denied the first time they are submitted to the Social Security Administration.  By hiring a SSDI lawyer and understanding the process, applicants can drastically increase the chances that they will eventually receive Social Security Disability benefits. Although most SSDI or SSI lawyers will not complete the Social Security Disability application and submitted it to the Social Security Administration for their clients, they do perform a wide variety of very important actions. Social Security Disability attorneys can do the following:

• If the claimant has been denied the Social Security Disability lawyer can review the initial SSDI or SSI application to ensure it was accurate and complete.
• Gather and review the claimant’s medical information.
• Make sure the Claimant’s most recent medical Information has been sent to the Administrative Law Judge prior to the Claimant’s Hearing date.
• Argue the claimant’s case before the Social Security Administrative Law Judge.

While a Social Security Disability attorney can not guarantee they can get their claimants SSDI or SSI benefits the experience attorneys have gained from the hundreds of Social Security Disability claims they have handled each year can help them determine if a client has a winnable Social Security Disability case. Social Security Disability lawyers understand SSD laws and can evaluate their client’s medical evidence to determine their work limitations.

Most Social Security Disability attorneys take cases on a contingency fee basis which means SSD attorneys do not get paid unless they win their SSD client’s case. This can be great news for SSD claimants, many of whom do not have the extra $150 to $200 per hour which most attorneys charge for legal assistance. Social Security Disability attorneys make every effort to take SSI and SSDI cases they think they can win. Losing a case means the Social Security Disability lawyer may have spent hours or days preparing for a case without making a profit.

How can a claimant help their Social Security Disability lawyer? Claimants must continue to receive medical treatment for their condition and make sure their attorney has all of their medical records. Claimants are responsible for partnering with their Social Security Disability lawyer by answering phone calls and sending all requested information as soon as possible.

Contingency fee contracts can be a great way for claimants who are filing for Social Security Disability benefits to receive competent legal counsel with no up-front costs. Prior to signing any type of contract the claimant should understand exactly what types of services the Social Security Lawyer is providing and how much it will cost. Social Security Disability attorneys who win a Social Security Disability claim may receive up to 25% of the claimant’s past due benefits. This is paid to the Social Security Disability attorney regardless of the amount of work they did for the Social Security Disability claim.

Most Social Security Disability lawyers are hardworking professionals who do their best to get the best results for their clients. Claimants can receive strong legal counsel with little up-front cost, and the Social Security Disability attorney receives a fair payment if they win the claimant’s case. Talk to friends, do adequate research and make sure all fees and expectations are outlined before signing a contract with a Social Security Disability lawyer.

Hearing

If you disagree with the Social Security Administration’s initial decision, you may ask for a hearing on the “disability” issues of your claim, such as whether or not you are disabled, when your disability began or whether or not it has ended. An administrative law judge who had no part in the first decision of your case will conduct the hearing.

It is usually conducted within 75 miles of your home. A notification of the time and place of the hearing will be sent to you and your attorney. You will be given an opportunity to explain your case in person and provide new information about your claim. Witnesses in the case will be questioned by the administrative law judge, your attorney and/or you.

The administrative law judge will question you and any witnesses at the hearing. You or your representative also may question the witnesses.

It is usually to your advantage to attend the hearing, but it is not required. If you don’t wish to attend, you must notify the Social Security Administration in writing that you don’t want to attend. Unless the judge believes your presence is necessary in order for a decision to be made, he or she will make a decision based on all the information in your case, including any new information presented in the appeal.

The administrative law judge will take into consideration the evidence presented at the hearing and notify you by mail of their decision.

Appeals Council

If you disagree with the hearing decision, you may ask for a review by Social Security’s Appeals Council.

The Appeals Council looks at all requests for review, but it may deny a request if it believes the administrative law judge’s hearing decision was correct. If the council decides to review your case, it will either decide your case itself or return it to the judge for further review. You will receive either a copy of the Appeals Council’s decision or order sending it back to an administrative law judge.

Federal Court

If you disagree with the Appeals Council’s decision or if the Appeals Council decides not to review your case, you may file a lawsuit in a federal district court.

An experienced disability lawyer can guide you through the appeals process and offer advice on the process that is involved in appealing a decision by the Social Security Administration. A claimant with an attorney or advocate will get a better understanding of the Social Security System and their own claim through the advice of an attorney.

Anyone who has filed a claim for Social Security disability benefits should seriously consider the advantages of having an attorney to represent them in the case.