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Not enough work credits for SSDI but I cannot work

Thursday, January 26th, 2012

Claimants are denied for Social Security Disability Insurance (SSDI) benefits everyday by the Social Security Administration because they are told they do not have enough work credits. Whether the worker worked for many years, stopped working and waited too long to apply for Social Security Disability Insurance (SSDI) or whether they have never worked, if they are disabled and can no longer work they may face a real dilemma. We will discuss the two scenarios in detail below.

 I Worked for years but did not apply in time for Social Security

Claimants who have worked for many years, sometimes “paying into the system” for twenty or thirty years, but who stop working and wait too long, are generally the most upset. If you worked and paid employment taxes for years you may have been under the assumption that disability was similar to retirement benefits and at any time you could apply and automatically receive your Social Security Administration disability payments.

Unfortunately, that is not how the system works. According to the Social Security Administration, in 2012, you earn one credit for each $1,130 of wages or self-employment income. When you’ve earned $4,520, you’ve earned your four credits for the year. The amount of work credits you will need to qualify for Social Security Disability Insurance will vary based on your age when you become disabled, but most claimants will need 40 work credits to qualify.

The catcher and it’s a big one is that “20 of the work credits you earn must be in the last 10 years ending with the year you became disabled.” So for example, if you are 54 years of age you will need 32 work credits to qualify for Social Security Disability Insurance (SSDI) and 20 of those must be earned in the 10 years before you became disabled.

Maybe you quit working 10 years ago and all of your work credits are too old. What are your options? You will have to find out what your date last insured was and see if you have medical evidence to prove you became disabled prior to this date. Talk to a disability lawyer for more information if you need help.

I have never worked. Can I get SSDI benefits?

Other claimants who are denied Social Security Disability Insurance (SSDI) are generally those who have worked sporadically over the years, never earning much and never paying into the Social Security Administration system. The fact that these claimants are expecting to qualify for Social Security Disability Insurance is a little more surprising, but it happens.

If you have not worked and have not paid taxes you will not qualify for Social Security Disability Insurance (SSDI).

What are my disability options?

For the first set of claimants who have not earned work credits recently enough or who are lacking just a few work credits, ideally, they would be able to return to work for a few years and generate enough work credits to qualify. They could also, as mentioned above, work with a disability lawyer to prove their disability started prior to their date last insured (DLI).

Claimants who have never worked will have to apply for Supplemental Security Income benefits.

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Social Security Administration and Calculating my Disability Benefits

Thursday, January 26th, 2012

Social Security Disability Programs

There are two federally administered programs which provide monthly cash assistance for disabled claimants: Social Security Disability Insurance and Supplemental Security Income. The method used to calculate a claimant’s monthly disability payment will depend on whether the claimant is receiving Social Security Disability Insurance or Supplemental Security Income.

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance is paid to disabled workers who have a severe mental or physical health condition which is expected to last for at least 12 continuous months and who are no longer able to perform substantial gainful activity.

The Social Security Administration will only award SSDI benefits if the claimant’s condition is long-term and the worker has earned approximately 20-40 work credits and is considered insured by the SSA. Work credits are earned by paying employment taxes.

Calculating Social Security Disability Insurance Monthly Payments

Social Security Disability Insurance Benefits are based the claimant’s average earnings and their payroll tax contributions to Social Security over the life of their employment.  The more the claimant has paid into Social Security, the more in monthly benefits they are entitled to receive.  The amount of SSDI monthly benefit varies by claimant.

How do you find out how much you will receive? There are three different ways:

  1. Review your Statement of Earnings which is sent to you each year by the Social Security Administration for an estimated payment amount.
  2. Visit the SSA website and use their disability estimator calculator for an estimated payment.
  3. You can also contact the SSA at 1-800-772-1213 for specific information. Recent updates to the Social Security Administration website indicate that they do not send claimants copies of their Statement of Earnings due to “budget constraints” so if you have lost your most recent Statement of Earnings Report you may have to simply use the calculator for an estimation.

Supplemental Security Income (SSI)

Supplemental Security Income is provided to the aged (65 years or older), blind or disabled who are not considered “insured” by the Federal government but need cash assistance to meet their minimum monthly expenses.

Supplemental Security Income is a “needs” based program and is only provided to claimants who have VERY limited income and resources and who meet additional non-economic considerations. Claimants who are attempting to qualify for SSI due to a disability must also be unable to work for at least 12 continuous months.

Claimants who do have enough work credits for Social Security Disability Insurance will not qualify for SSDI. There are no exceptions. Claimants who want SSDI but do not have enough work credits will have to return to work and earn more credits.

If that is not an option, claimants can apply for Supplemental Security Income benefits. Claimants who receive SSI have not paid anything into the “SSA system.” Their payment is based on the annual Federal Benefit Rate (FBR) and all claimants are entitled to receive the same amount (although the amount awarded can be lowered if the claimant is living with another person providing food or shelter, living with a spouse who is making an income or if the claimant is working and earning an income).

How much will a claimant make each month if they receive Supplemental Security Income? For 2012, the Federal Benefit Rate is $698 per month for an individual and $1,048 per month for a couple.  That means the most a claimant can receive individually from the Federal Government on SSI is $698 per month.  Some states, however, will add what they call a “state supplemental payment” which may make the claimant’s payment higher in certain states.

 

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Social Security Administration Disability benefits cut-off

Wednesday, January 25th, 2012

Many claimants are receiving Social Security Disability Insurance benefits and are surprised when they are terminated or cut-off. A common question on our blog is, “Why were my benefits terminated?” As with most questions, there is not one simple answer; the reasons can vary. This blog will identify the top reasons why you may have lost your Social Security Disability Insurance benefits.

If your Social Security Disability Insurance benefits were cut-off there can be several reasons, and they are listed below.

  • Working too much and making too much money.

Although the Social Security Administration does allow claimants to attempt to return to work through their trial work period program, claimants who work too much or do not understand how much they are allowed to earn, may find that their Social Security Disability Insurance benefits have been terminated.

The trial work period allows claimants to attempt to return to work for at least 9 months in a rolling 60 month period (the months do not have to be consecutive). During the trial work period the SSA will give the claimant their full Social Security Disability Insurance payment as long as the claimant continues to have a disability and they report their earnings to the Social Security Administration.

In 2012, a trial work month is any month where the SSDI claimant earns over $720. If the claimant is self-employed and they earn over $720 (less expenses) or they work more than 80 hours this is also considered a trial work month. The trial work period will continue until the claimant has worked nine months within a 60 month period when this has occurred, the SSDI claimant’s benefits can be terminated.

  • Not Disabled according to the Social Security Administration

Many claimants do not realize that getting Social Security Disability Insurance (SSDI) is just the first step; keeping it, that’s another matter. According to the Social Security Administration, Section 221(i) of the Social Security Act, as amended, “the Social Security Administration must perform a continuing disability review (CDR) for Social Security Disability Insurance (SSDI) claimants at least every 3 years, except if they have a condition which is considered permanent. If the condition is permanent, Continuing Disability Reviews will be done at such times as the SSA Commissioner determines are appropriate.”

Claimants who “have a low probability of improvement” may not have to undergo a full CDR review but instead will have a partial review done via a mailer form which simply gathers current medical information about the claimant’s condition and their recent medical treatment.

Occasionally the Social Security Administration will request a full Continuing Disability Review after they receive this form, although this is rare. More frequently, the Social Security Administration will request a deferral action which will postpone a full CDR. The date for a new medical reexamination can be set for up to 7 years, but if the date is not set, it will default to 3 years.

If, after the Continuing Disability Review the Social Security Administration determines the claimant is no longer disabled and they can return to work, SSDI benefits can be cut-off.

  • The claimant reaches full retirement age

Some claimants do not realize that when they reach full retirement age their SSDI are converted to Social Security retirement benefits. Occasionally claimants believe that they will receive SSDI simultaneously with their SSA retirement benefit, but unfortunately this is not the case.

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Completing your Social Security Administration Disability Application

Tuesday, January 24th, 2012

One of the most common questions on our disability forum is whether or not a doctor has to provide information for a Social Security Disability Insurance or Supplemental Security Income claim, and if so, what type of information has to be provided.

Doctors do not have to fill out any forms or provide a note for your SSDI or SSI claim but what they include in your medical record (or do not include) can affect your chances to win Social Security Disability Insurance or Supplemental Security Income benefits.

What information should your doctor provide for your disability claim?

Although a doctor’s note that you are disabled may be useful, the most important form that your treating physician can complete for you is the Residual Functional Capacity Form or Ability to Work Activity Form.

What the Social Security Administration really wants to know to determine whether or not you are disabled, which is not provided by a note, is whether your condition leaves you with enough residual capacity to perform substantial gainful activity. The benefit of the Residual Functional Capacity Form is it clearly lists the limitations, both physical and mental, that you have from your disabilities.

Another benefit of the Residual Functional Capacity form is it allows the doctor to discuss why your condition limits you in specific areas.

A copy of the residual functional capacity form can be downloaded from the internet and taken to your doctor. Keep in mind, there are two different types of Residual Functional Capacity Form: physical and mental. If you have physical limitations be sure and use the physical Residual Functional Capacity Form which clearly outlines your physical limitations. Questions included on a physical RFC form include:

  • How much weight can you life or carry?
  • How long can you sit/stand/walk?
  • How well can you use your hands?
  • How well can you use your feet?
  • Do you need a cane or assistance to ambulate?
  • Do you have limitations in your postural activities?
  • Do you have hearing or visual limitations?
  • Do you have environmental limitations?
  • Does the claimant have limitations in their daily activities of living?

All of the information provided by the doctor is very specific and it directly relates to the claimant’s ability to work sedentary, light, medium, or heavy work. With this information the Social Security Administration can clearly determine if you are able to work your past jobs, recent jobs or retrain for new work.

The mental residual capacity form will be similar to the physical form but it will detail limitations from your mental health condition.

What information should your doctor not provide for your disability case?

Frequently we are asked if your doctor has to “support” your Social Security Disability Insurance or Supplemental Security Income claim. It depends what you mean by the word support. Do they have to provide an RFC form? No, in fact, many doctors are simply too busy to be bothered with any paperwork for a Social Security Disability Insurance or Supplemental Security Income disability case.

If your doctor is unwilling to provide any information for your Supplemental Security Income or Social Security Disability Insurance case that may be fine, but if they have included any information in your file about how you are NOT disabled or that you could perform work, this could hurt your case. It may be time to find another doctor.

Why complete the Residual Capacity Form?

If you do not have enough medical documentation from your treating physician the Social Security Administration will send you to a consultative examiner who will complete a residual capacity form (either mental or physical depending on your condition). It is very important to have your own medical evidence to counter any claims made by the consultative examiner.

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SSDI for Depression

Monday, January 23rd, 2012

Many claimants suffer from a mental health condition, such as depression, which is so severe they cannot work. Prior to reviewing a claimant’s mental health condition the Social Security Administration will first consider if they meet the nonmedical requirements for Social Security Disability Insurance (SSDI).

The Social Security Administration will first consider if the claimant has worked and paid sufficient employment taxes to be considered “insured” by the Social Security Administration and whether or not their mental health condition is expected to last for at least 12 continuous months. If the claimant meets these nonmedical requirements they will send their Social Security Disability Insurance (SSDI) application to the Disability Determination Services Office (DDS) so a comprehensive review of their medical conditions can be completed.

Winning Social Security Disability Insurance (SSDI) for Depression

Severe depression may have a claimant feeling helpless and hopeless. Claimants may be unable to sleep, lack the ability to eat, lost interest in daily activities and lost the ability to concentrate on work-related tasks.

The Social Security Administration is looking for very specific symptoms to determine if a claimant qualifies for disability for an Affective Disorder (more information can be found in the Social Security Administration’s Listing of Impairments which is a list which details all of the symptoms the SSA expects a claimant to have to be considered automatically disabled).

If you have the following symptoms (listed below), the Social Security Administration will assume you have “met a listing” and will automatically approve your Social Security Disability Insurance claim.

The Social Security Administration (SSA) will evaluate depression under the Listing 12.00 for Mental Disorders, specifically 12.04 Affective Disorders. The following information can be found in the SSA Blue Book under Affective Disorders.

12.04 Affective Disorders

According to the SSA, affective disorders are “characterized by a disturbance of mood, accompanied by a full or partial manic or depressive syndrome. Mood refers to a prolonged emotion that colors the whole psychic life; it generally involves either depression or elation.”

The Social Security Administration will expect claimants to exhibit at least four of the following symptoms:

• Anhedonia or pervasive loss of interest in almost all activities; or
• Appetite disturbance with change in weight; or
• Sleep disturbance; or
• Psychomotor agitation or retardation; or
• Decreased energy; or
• Feelings of guilt or worthlessness; or
• Difficulty concentrating or thinking; or
• Thoughts of suicide; or
• Hallucinations, delusions, or paranoid thinking

2. Manic syndrome characterized by at least three of the following:

• Hyperactivity; or
• Pressure of speech; or
• Flight of ideas; or
• Inflated self-esteem; or
• Decreased need for sleep; or
• Easy distractibility; or
• Involvement in activities that have a high probability of painful consequences which are not recognized; or
• Hallucinations, delusions or paranoid thinking

The Social Security Administration will also review whether your symptoms markedly restrict your activities of daily living, your ability to maintain social functioning and your ability to maintain your concentration, persistence and pace in a work environment. Additionally, the Social Security Administration will review whether you have “repeated episodes of decompensation” which they consider an increased need for medical intervention including highly supportive living environments, medication or the need for frequent therapy.

If your condition does not exceed or meet the listing outlined above you will have to prove, through conclusive medical evidence, that your condition is so severe you cannot work your current job, previous work or retrain for new employment.

Specifically, the SSA will attempt to determine how depression affects your ability to perform substantial gainful activity. Can you carry out directions and maintain a persistent work pace, can you get along with a supervisor or coworkers, and can you maintain a consistent work schedule?

If you condition is not severe enough to meet a listing and you cannot prove that you cannot work, the Social Security Administration will deny your SSDI claim.

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Does the Social Security Administration give partial disability benefits?

Sunday, January 22nd, 2012

One of the most common questions for Social Security Disability Insurance or Supplemental Security Income claimants attempting to get disability benefits is, “Does the Social Security Administration award partial disability payments?”

Although the answer is no, this question is very logical in light of other governmental benefits such as veteran’s disability benefits. The United States Department of Veteran’s Affairs gives partial disability benefits in increments of 10 percent which reflect the degree of disability of the veteran. According to the V.A., “The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions.”

Workers compensation, although it varies by state, generally allows a treating doctor to determine the degree of body functioning which is impaired and refers to some type of schedule to determine the percentage loss or partial disability for the worker (giving each worker a corresponding impairment rating). Certain body parts which are non-functioning will ultimately give the worker a higher partial disability rating. For example an injured back rates higher than an injured finger.

How does the Social Security Administration determine disability?

Understanding how the V.A. or workers compensation determines disability does not get you any closer to understanding the Social Security Administration disability process. While claimants may be able to receive both V.A. disability and Social Security Administration disability or workers compensation and SSA disability, getting V.A. or workers compensation does not guarantee that you will also receive Social Security Disability Insurance or Supplemental Security Income benefits.

Assuming first that you meet the nonmedical criteria for Social Security Disability Insurance or Supplemental Security Income, you will only be awarded disability benefits if you have a severe mental or physical health condition which does not allow you to work for at least 12 continuous months.

So what does this mean? The Social Security Administration only awards Social Security Disability Insurance and Supplemental Security Income benefits to claimants who they consider 100% disabled and which do not allow them to perform substantial gainful activity.

Whether claimants have one condition which is 100% disabling or several conditions, which in their entirety do not allow a claimant to work, will not matter. Either you are able to work or you are not. If you are working and performing substantial gainful activity, regardless of your condition, you will automatically be denied.

Can I get more money from the Social Security Administration  if I have additional disabilities?

Claimants also wonder if they can get additional payments if they become “more disabled” at some point in the future. This question derives from a misunderstanding of how the disability is awarded and probably an assumption that Social Security Disability Insurance or Supplemental Security Income functions similar to the processes identified above for workers compensation or V.A. disability where claimants get some type of disability rating which can rise as the disability rises.

As mentioned above, the Social Security Administration will determine you are disabled or not disabled. If you are disabled the conclusion is you are 100% disabled, and they will award you the full benefit Social Security Disability Insurance or Supplemental Security Income payment you are due. Getting “more disabled” in the future does not increase the amount you are eligible to receive under Social Security Disability Insurance or Supplemental Security Income.

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How can I get Social Security Administration disability if I cannot afford to see a doctor?

Sunday, January 22nd, 2012

One of the most common questions for Social Security Disability Insurance or Supplemental Security Income claimants attempting to get disability benefits is, “How can I see a doctor if I do not have any insurance?”

The question becomes even more important to claimants when their Social Security Disability Insurance or Supplemental Security Income claim is denied because they do not have enough medical evidence to support the claim that they are unable to work for at least 12 continuous months due to a severe mental or physical health condition.

Given the rising cost of medical care in the United States, getting great medical care for many individuals may seem almost impossible, especially if a claimant has been struggling to work for months or years. So what are your options?

First steps to take to get medical care without insurance:

1. Find a small doctor’s office or group of doctors and talk to them about your situation. Tell them you do not have insurance but you need very specific tests performed. Have them identify the cost for each procedure. Getting the right medical evidence for your claim will require very specific types of evidence. For example, if you have a severe back condition you will need X-rays and maybe a MRI. Get an estimate for these procedures and discuss payment options.

2. Be prepared BEFORE you get to the doctor’s office. This will require some research about the Social Security Disability Insurance or Supplemental Security Income process. Find out what you will need to prove. The doctor does not have to fill out any particular forms, but they may be willing to list specific work activities in your medical file that you cannot do with your physical health condition. Be very specific about your condition and how you feel. Quickly identify your problem. Have the doctor recommend a specialist who may be willing to work with you on a payment schedule.

3. Schedule a visit every six months to a year (maybe more depending on your condition) and make sure you are following the treatment plan prescribed by your doctor. The Social Security Administration generally reviews the last three years of medical evidence in your medical files. Failure to follow the treatment plan outlined by the doctor may allow the Social Security Administration to assume if you were following your doctor’s recommendations you might be able to work.

4.Prioritize medical care. Even if money is tight generally individuals have money for things that are important to them. If you are attempting to get either Social Security Disability Insurance or Supplemental Security Income, getting great medical care should be your TOP priority.

5.Try to avoid the emergency room. Try to get medical care for your condition before it gets so severe you have to go to the emergency room, racking up thousands of dollars in medical costs. Even going to a minor emergency center periodically is preferable to ending up in the E.R.

Unfortunately, there are many very sick and disabled claimants who have not been able to win Social Security Disability Insurance or Supplemental Security Income benefits because they cannot afford good medical care.

The Social Security Administration does send claimants without enough medical information to a consultative examiner for a cursory medical review, but this visit generally is not helpful to a Social Security Disability Insurance or Supplemental Security Income claimant.

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Age and the Social Security Administration disability process

Friday, January 20th, 2012

One of our most common questions on our disability forum is, “How does the Social Security Administration factor age into their disability decision?” To understand the answer we first have to discuss the disability decision making process for both Social Security Disability Insurance and Supplemental Security Income.

The Social Security Administration uses what they term the sequential evaluation process to analyze a claimant’s application and determine if they disabled and eligible for Social Security Disability Insurance or Supplemental Security Income benefits. At its most basic the process asks these five questions:

  1. Are you engaged in “substantial gainful activity”?
  2. Is your condition severe?
  3. Is your condition on the Social Security Administration’s Listing of Impairments or “Blue Book”?
  4. Can you perform the work you performed in the past?
  5. Can you be retrained for new work?

In the first steps of the sequential evaluation process age is not a factor. The Social Security Administration is simply evaluating your work, the severity of your condition and whether or not your condition is found on the Social Security Administration’s Listing of Impairments (also known as the Blue Book and it contains a list of conditions the SSA considers automatically disabled).

It is not until the fifth step that the Social Security Administration really begins to factor your age into the Social Security Disability Insurance and Supplemental Security Income disability decision making process, evaluating your residual functional ability to work and determining your “maximum sustained work capability.”

The SSA will evaluate your capacity to work determining if you can do sedentary, light, medium, heavy or very heavy work and retrain for new employment. To make this decision the Social Security Administration considers your age, educational level and your previous work experience.

One interesting consideration, according to the Social Security Administration, if a claimant is under the age of 50 they generally do not consider age, education and work experience to significantly limit the abilities of most claimants to do other work.

The Social Security Administration’s Age Classifications for Social Security Disability Insurance and Supplemental Security Income Claimants

The SSA categorizes claimants to assess their ability to retrain for new work. The following categories have been identified:

Younger Person

Younger person includes all claimants under the age of 50. The Social Security Administration’s regulations do not consider the age of a younger person to significantly affect their ability to adapt to new work unless the claimant is illiterate and ages 45-49.

Person Approaching Advanced Age

Claimants who are 50-54 are considered “approaching an advanced age” and the Social Security Administration will consider their age in conjunction with their mental or physical health conditions and will assume that their age could severely impact their ability to adapt to new employment.

Persons of Advanced Age

Persons of advanced age include those claimants who are 55-59. The SSA recognizes that their age can significantly impact the claimant’s ability to perform substantial gainful activity. According to the SSA, if the claimant in this category cannot perform medium work they may be considered disabled unless they have skills which can transfer to a less demanding job.

Persons Close to Retirement Age

Persons who are 60-64 are considered “close to retirement age” and if they have a severe health condition they are generally considered disabled and the Social Security Administration acknowledges they generally cannot adjust to even sedentary level work unless they have transferable and marketable skills.

So is age a factor in winning Social Security Disability Insurance of Supplemental Security Income benefits? Yes, and if you are less than 45 years of age and have a high school or college degree and are not approved prior to step five in the sequential evaluation process, it will be difficult to prove to the SSA that you cannot retrain for less strenuous work.

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Can I switch from Supplemental Security Income to Social Security Disability Insurance?

Thursday, January 19th, 2012

A common question we get on our disability forum is, “Can I switch from Social Security Disability Insurance to Supplemental Security Income benefits?”

This question shows that claimants are not quite sure about what type of Social Security Administration disability benefit they are receiving, what the disability criteria is for each program and why they were awarded one disability benefit by the SSA versus the other.

Before answering the question it will help to explain the disability process and how the Social Security Administration makes their disability determination.

Steps to determine what disability benefit a claimant should receive

The Social Security Administration first receives the claimant’s disability applications at the Social Security Administration field offices either by telephone, online or in person. Each field office is responsible for checking and verifying the claimant’s nonmedical requirements which includes the claimants age, marital status, employment history and whether or not they have enough work credits to be considered “insured” for Social Security Disability Insurance.

If for instance, the Social Security Administration determines the claimant does not have enough work credits for Social Security Disability Insurance benefits they may then determine if their resources or income is low enough for Supplemental Security Income benefits. If the claimant does not meet either of these qualifications their disability application is rejected without ever being sent to the Disability Determination Services office (DDS) for a medical review.

Now for claimants who have sufficient work credits to be considered insured, their Social Security Disability Insurance application is forwarded to the DDS office (“fully funded state agencies responsible for requesting medical evidence and making the initial determination on whether or not a claimant is disabled or blind under the law”).

If the claimant does not have sufficient work credits to qualify for Social Security Disability Insurance but their income and resources are below the allowable limit for Supplemental Security Income, their Supplemental Security Income application is also forwarded to the DDS office for a medical review.

At the DDS office the process for determining disability for both Social Security Disability Insurance and Supplemental Security Income are the same.

So what does this mean? It means that if whether you are receiving Supplemental Security income or Social Security Disability Insurance benefits the Social Security Administration is agreeing that you are fully disabled with a severe mental or physical health condition which does not allow you to work for 12 continuous months.

Why did I get SSI instead of SSDI?

The only reason that a claimant would not receive SSDI but would receive Supplemental Security income instead (as a disabled claimant) is because the Social Security Administration had previously determined the claimant was not insured and did not qualify for Social Security Disability Insurance.

Final steps in the Social Security Administration disability process

If the claimant is found disabled by the Disability Determinations Services Office then their application is sent back to the appropriate field office for additional processing. If the applicant has been awarded Social Security Disability Insurance or Supplemental Security Income the SSA office will compute their disability payment amount and begin the payments. If the disability applicant is denied benefits the SSA office will send them a denial letter which states why they were denied and the steps to appeal the denial decision.

So can you switch from SSDI to SSI? Although you can contact the SSA to verify, most likely the SSA already determined you did not qualify for Social Security Disability Insurance.

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Social Security Administration Hearing – Common questions

Thursday, January 19th, 2012

How are the Social Security Disability Hearing Scheduled?

Social Security Disability claimants who have had their Supplemental Security Income or Social Security Disability Insurance claim denied at the reconsideration have 60 days to request an administrative hearing.

Administrative hearings are handled by the Office of Disability Adjudication and Review (ODAR). The United States is divided into 10 ODAR regional offices, 169 hearing offices (including 7 satellite offices), 5 national hearing centers, and 1 national case assistance center.

Claimant’s Supplemental Security Income and Social Security Disability Insurance cases are assigned to the regional office which services their area. Within this system there are 1,300 Administrative Law Judges who hear thousands of disability cases each year.

If a Social Security Disability Insurance or Supplemental Security Income claimant makes a request for an administrative hearing their Social Security Disability Insurance or Supplemental Security Income file is sent to the appropriate ODAR office.

How long will I have to wait for a Social Security Disability hearing?

According to the Social Security Administration they, “attempt to schedule all hearings promptly, but there may be delays due to the volume of pending appeals or delays due to ALJ travel schedules.”

What does this really mean? It means that in many parts of the country the hearing case loads which are pending number in the hundreds and may be divided among only 5 to 10 Administrative Law Judges. The volume of Social Security Disability cases can be overwhelming for the number of judges available to hear the claims, and it is not unusual for disability claimants to wait 12-14 months for a Social Security Disability hearing.

The Social Security Administration will notify the each claimant at least 20 days prior to their hearing. The notice will outline the date, time and location of the hearing.

What if I cannot travel to my Social Security Disability hearing?

The goal of the Social Security Administration is to hold all disability hearings within 75 miles from a claimant’s home. This of course may not always be possible so the SSA does allow some hearings to be held via teleconference.

Claimants who cannot travel to a disability hearing should contact the SSA as soon as possible. The Social Security Administration requests that they submit a doctor’s report with their hearing request explaining their limitations to traveling.

Do I have to appear at my Social Security Disability Hearing?

Claimants do not have to appear at their hearing, but if they decide they cannot they must notify the Social Security Administration in writing at the time they request the hearing and ask that the Administrative Law Judge make the disability decision exclusively based on the medical information in their Social Security Disability Insurance or Supplemental Security Income file. Claimants also have the option to add additional evidence to their disability file by contacting their local SSA office and requesting Form HA-4608.

It is highly recommended that claimants appear at their hearing and that they hire a disability lawyer to review their disability file and add additional medical evidence, if necessary. Disability lawyers will also appear at the Social Security Disability hearing and present the disability case to the court.

The judge may ask a vocational expert and a medical expert to attend the hearing and a disability lawyer will be able to not only question all witnesses but offer evidence to refute their testimony.

 

 

 

 

 

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