Is There a Time Line Within Which a Social Security Disability Application Must Be Reviewed?
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by: albert.tobega
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Q: Are there any set time limits within which a decision on a social security disability claim has to be made?
A: Unlike with other government benefits programs, there is no set deadline within which an application for social security disability must be initially reviewed. That being said, a decision on an application under initial review usually takes 3 or 4 months. In spite of the lack of mandatory timelines for the first review step for an application, it is important to note that there are deadlines for appeals. Missing a deadline for an appeal or reconsideration will have a negative impact on your social security disability case. Most often, you will need to file a new application and start at the initial review process again. If your case was not approved after the initial review process and you plan to appeal, you must file it within 60 days of the date of your denial. And simply putting it in the mailbox on the 60th day will not cut it. You need to make sure that Social Security has received your paperwork and appeal within that deadline. You are given a grace period to account for the time it takes to send something in the mail. But you do not want to take a gamble with your claim. The best course of action is to submit that appeal as soon as you receive notification that your claim was not approved for benefits.
Q: Can you do anything to have your social security disability claim heard before an administrative judge more quickly?
A: Trying to have your case heard before an administrative judge more quickly can be challenging. That being said, there some steps you can take to improve your chances. You can submit a dire need letter to the Office of Hearings and Appeals, if you are having trouble with your financial responsibilities (for example, making mortgage payments and paying medical bills.) Be certain to include proof of your financial situation with the letter you send. Duplicates of overdue utility and mortgage notifications will lend credibility to your dire need request. The hearing office will then decide if your claim should be accelerated. You could also request an OTR review to speed up your case. An on the record review is when your claim is reviewed by the Office of Hearings and Appeals prior to the actual date for your case to be heard before an administrative judge. Most experts do not recommend an OTR review, unless the medical condition or injury of the claimant has worsened. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.
Q: Are there witnesses for a social security disability hearing?
A: Disability cases are decided based on medical evidence. It is up to the discretion of each individual judge as to whether witness testimony will actually be heard for a claim. Expert witnesses presenting medical and employment background are often utilized in hearings.
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For more info on social security lawyer, link to www.HillandPonton.com.
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