Maine Social Security Disability Lawyer

Maine and New Hampshire Processing Times

The latest statistics for average processing times for the Social Security hearing offices just arrived. The average processing time for the Portland, Maine hearing office stands at 327 days - just about 11 months. 

Processing time runs from the day the hearing office receives your hearing request to the day a decision is issued. The 327 days is an average. Some claims are resolved more quickly. A claim that goes to hearing and a written decision is likely to take longer.

In New Hampshire, the Manchester hearing office has an average processing time of 421 days - about 14 months. While this is 94 days longer than in Maine, New Hampshire is a prototype state that skips the Reconsideration step. Since months are not being lost in New Hampshire waiting for Reconsideration, claims are actually moving from initial denial to hearing more quickly than in Maine (where 4-5 months are lost at the Reconsideration step of the process).

OTR for Christmas

It is always a pleasure to call a client with the news that his or her Social Security disability claim has been granted at the hearing level with an on the record (OTR) decision. 

With the claim granted, there is no further wait for a hearing, and the inevitable stress from worrying about the outcome of the claim comes to an end. It is welcome news.

It is even better to make that call just before Christmas. I just made one such phone call, and it really does put you in the Christmas spirit.

Portland, Maine ALJ Update

The hearing office in Portland has lost an administrative law judge. Judge Stephen Ponticiello left the Portland ODAR this Summer, to return to the Department of Justice. We wish him well. On a personal note, while I only had a few hearings with Judge Ponticiello, I really liked the way that he made claimants feel comfortable at the hearing.

Visiting judge Virginia Kuhn, a Hartford Connecticut ALJ, has been deciding Portland claims all year. She will continue to hear Portland claims until (I assume) a new judge is permanently assigned to the Portland ODAR.

Maine/New Hampshire Average Processing Times

 

The latest statistics have been released regarding average processing times in the hearing offices around the country. The Portland, Maine ODAR remains #1 in the country with an average processing time of 274 days. This is a remarkable performance, and the hearing office director, judges and staff at the Portland ODAR deserve kudos for this country-leading performance.

As a practical matter, I must point out that 274 days is the average processing time. 274 days is about 9 months. I have claims at the hearing office that were appealed in December and January that have not yet been set for hearing. The Portland office is currently scheduling hearings for November  (because it gives 75 days notice prior to a hearing). So the 9 month time frame is an average. You may have to wait a bit longer. For example, my most recent case set for hearing was appealed on December 18, 2008 and has been set for hearing on November 4th.

In the Manchester, New Hampshire hearing office, the average processing time is 385 days, which ranks #21 in the country. While that seems a lot longer than in Maine, New Hampshire does not have the Reconsideration step, which often takes 4-5 months. As a result, a claim that receives an initial denial in New Hampshire is likely to get to a hearing ahead of a similar claim in the state of Maine.

Home Field Advantage

When I was a young boy, Carl Yastrzemski was the left fielder for the Boston Red Sox. His years of experience at Fenway Park gave him an advantage, and he was adept at playing the carom off the left field wall and working with the odd angles in the left field corner.  In contrast, visiting players were sometimes bewildered by that ballpark's unusual characteristics.

I limit my Social Security disability practice to the states of Maine and New Hamsphire. I don't restrict my practice to these states to avoid travelling to distant hearing offices. I do it because it makes me a more effective advocate for my clients. Think of it as a home field advantage.

There are three main reasons why you should consider a local Social Security specialist rather than an out-of-state firm:

1. I work with the same staff and the same judges all the time. I know what to expect from the staff at my local Social Security offices, and I have learned how each administrative law judge has a different approach to a Social Security disability hearing.

2. I also work repeatedly with many of the same doctors and counselors. I have a good relationship with these professionals. I explain to these medical providers why a medical source statement is so important for a Social Security disability claim.

3. Most importantly, I get to spend time with my clients well in advance of the hearing. I have an office in both Maine and New Hampshire. I can meet with my clients at the beginning of the case. This helps me to better prepare each claim.

By limiting my practice to this corner of New England, I believe I can more effectively represent my clients. Regardless of where you live, look for a lawyer with extensive experience in your state.

Maine Processing Times - Good News and Bad News

The Portland, Maine hearing office is still #1 in the country, according to the latest statistics released by the SSA and republished in Social Security News. The Portland hearing office has an average processing time of 270 days. Processing time runs from the day the hearing office receives your hearing request to the day a decision is issued.

Since the Portland hearing office gives 75 days notice prior to a hearing, that means that a hearing is scheduled within 6 months of the claim arriving at the Portland, Maine ODAR. That's the good news.

The bad news is that the Reconsideration level in Maine is turning into a black hole. Claims at Reconsideration are going months without even being assigned to a disability examiner.

By comparison, in New Hampshire (which is a prototype state that skips the Reconsideration step), the Manchester hearing office has an average processing time of 379 days, which is 109 days longer than in Maine. But since months are not being lost in New Hampshire waiting for Reconsideration, claims are moving through the system much quicker.

Portland, Maine Hearing Office is Still #1

 

The latest national statistics for average processing time have been released by the SSA and distributed via the NOSSCR monthly newsletter and the Social Security News blog.

The Portland, Maine ODAR retains its perch as #1 in the country for quickest average processing time of Social Security disability hearing requests. Processing time runs from the day the hearing office receives your hearing request to the day a decision is issued.

You can see the complete statistics at the Social Security News blog.

Maine-New Hampshire-Vermont SSI Statistics

The SSA has released the 2008 report of SSI recipients by state and county. You can scroll down the list to find your state.

Here is the list of Maine SSI recipients by county, as well as the New Hampshire SSI statistics. While we're at it, here are the SSI recipients by county in Vermont.

Maine and New Hampshire have almost the same population (1.3 million people). But New Hampshire has half the number of SSI recipients as Maine does. Vermont has a similar number of SSI recipients to New Hampshire, but only half of its population (about 621,000 people). So Vermont resembles Maine is terms of SSI recipients as a percentage of the state's population.

So why is the number so different in New Hampshire? I practice in both Maine and New Hampshire, and haven't noticed a difference in the rate at which these claims are granted in the two states.

Hat tip to Charles Hall of Social Security News for recently publishing a link to these statistics.

Portland, Maine Social Security Hearing Office is #1 in the Country

Well you just knew it was coming.

The Portland, Maine ODAR is now ranked #1 in the country in the latest national ranking report, with an average processing time of just 261 days.

Processing time runs from the day the hearing office receives a hearing request to the day a decision is issued. Since the hearing office gives 75 days notice when scheduling a disability hearing, that means less than 6 months elapses from when the hearing office receives a hearing request until a hearing date is scheduled. These times are consistent with my recent experience with Social Security disability claims at the Portland hearing office.

While this excellent performance reflects well on the U.S. administrative law judges that hear and decide the disability claims, the real story is behind the scenes. It requires a tremendous staff effort at the hearing office to get so many claims ready for hearing in such a short time (and then to get the decisions written afterwards).

Congratulations to Philip Smith, the Portland Maine Hearing Office Director, to the Portland administrative law judges (including our visiting judge from the Hartford, CT ODAR), and to the entire staff at the Portland ODAR for this best in the country performance. You just can't argue with being #1! It is a remarkable achievement.

7 Weeks from Denial to Receipt of Benefits

I wrote two weeks ago about the amazing timeline of one of my Social Security disability cases. To recap, because the bank was foreclosing on the claimant's home, both the local Social Security office and the Portland, Maine hearing office expedited the disability appeal. A hearing was scheduled within 5 weeks from the claimant's receipt of the Reconsideration denial notice from DDS. On the day of the hearing, the U.S. Administrative Law Judge extended his hearing schedule to issue a bench decision granting the disability claim.

Well, the amazing timeline continues. The claimant has now been paid her retroactive benefits. The SSA electronically transferred the funds directly to her bank account. The money arrived yesterday. That's 7 weeks to the day from the date of the Reconsideration denial notice. 7 weeks from denial to receipt of benefits! Kudos to the Social Security payment center for acting quickly in this critical case.

I can't describe the relief I heard from the client when I called to say the claim has been paid. The retroactive benefits are more than enough to get caught up with the bank on the mortgage, and she will have an ongoing disability check to get by.

Amazing Timeline

 

The Social Security Administration can move quickly in certain circumstances. One such circumstance is a dire need case. Dire need is a type of critical case, and these claims are expedited by the SSA.

In this particular case, the claimant received a Reconsideration denial letter on February 27th and contacted me. We had our initial meeting the next day. At that meeting, she told me that her home was under foreclosure. She has been unable to work for well over a year, and had fallen behind on the mortgage payments. I asked her to provide me with documentation regarding the foreclosure action.

I received the documentation on March 3rd, and filed a request for hearing and a dire need request that day. Miss Martin of the Saco Social Security field office processed the request for hearing that very afternoon. The claim also received expedited treatment from the Portland Social Security hearing office, and a hearing was quickly scheduled for today, April 2nd. I attended along with the claimant, who testified.

At the end of the hearing, the judge took the extra time required to prepare a bench decision granting the claim.

Just 5 weeks passed from the day the claimant received the Reconsideration denial to the date of a fully favorable decision. That is an outstanding performance by the local Social Security office and by the Portland, Maine hearing office (particularly the United States Administrative Law Judge who heard the case and issued a bench decision). 

This is just the way the Social Security process should operate.

On the Record Decisions at the Portland Hearing Office

 

I admit when I am wrong. Ask anybody who knows me.

In a recent blog post praising the Portland, Maine Hearing office for its spectacular performance for average claim processing time, I also said:

If there is a downside to this remarkable performance, I think the Portland hearing office has become less receptive to on the record requests. I file an on the record request from time to time, when the medical evidence is particularly strong or when the claimant is over 50 years old and would grid favorably under the Medical-Vocational guidelines. I haven't been getting these granted lately, and it may be that there is little incentive to grant an OTR request when a hearing would be just a few months away.

Okay, I take that back.

I just received a fully favorable decision in the mail today from the Portland hearing office, as a result of a recent on the record request. Admittedly, it was a very strong case. But I was wrong to surmise in my earlier post that the Portland hearing office was not giving OTR requests full consideration.

However, it may be that the Portland ODAR got the last word on this matter. The fully favorable decision, which I was very pleased to receive in today's mail, arrived postage due.

2008 Allowance Rates by State

NOSSCR has published the state-by-state statistics for Social Security allowance rates in 2008. Charles Hall has republished the state-by-state numbers on his blog, Social Security News.

In Maine, 35.7% of Social Security disability claims were allowed at the initial determination. At the Reconsideration level, 15.5% of the claims appealed after the initial denial were allowed.

These allowance rates are surprisingly close to last year's numbers.

Maine Social Security Hearing Office

The Portland, Maine hearing office has an average processing time of 258 days for Social Security disability claims, according to the latest backlog report distributed by NOSSCR. Of the 150 hearing offices around the country, Portland's processing time is the second shortest. Congratulations to Philip Smith, the Hearing Office Director, to the administrative law judges, and to the entire staff at the Portland ODAR for this ongoing achievement.

Processing time runs from the day the hearing office receives a hearing request to the day a decision is issued. Since the hearing office gives 75 days notice when scheduling a disability hearing, that means just 6 months elapses from when the hearing office gets a claim until a hearing date is scheduled. These times are consistent with my actual experience with claims at the Portland hearing office.

If there is a downside to this remarkable performance, I think the Portland hearing office has become less receptive to on the record requests. I file an on the record request from time to time, when the medical evidence is particularly strong or when the claimant is over 50 years old and would grid favorably under the Medical-Vocational guidelines. I haven't been getting these granted lately, and it may be that there is little incentive to grant an OTR request when a hearing would be just a few months away.

Judge Joseph Shortill coming to Portland, Maine

Judge Joseph Shortill is being transferred to the Portland Maine hearing office. His first day of hearings will be Easter Monday, April 13th.

Judge Shortill has been a Social Security administrative law judge in the Springfield, Massachusetts hearing office. I have had several hearings with him there, and in Worcester. He will be a terrific addition to the Portland, Maine ODAR.

Judge Shortill practiced law for many years in Sanford, Maine, so this new assignment represents a homecoming for him. Welcome home.

Processing times continue to improve in Maine and NH

The latest statistics on processing times at Social Security hearing offices have been released. The Portland, Maine ODAR is now number 3 in the country, with an average processing time of just 252 days. This is a remarkable achievement. With 5 resident ALJ's and a "guest" ALJ hearing claims by videoconference for the next few months, this number may improve even further.

At the Manchester, New Hampshire hearing office the average processing time is 346 days, which is 21st  in the country. This is a substantial improvement for that office from just two months ago, when that office ranked 50th in the country with an average processing time of 418 days.

For perspective, there are 148 ODARs around the country. The bottom of the pack has processing times over 700 days.

As usual, Social Security News has the complete backlog report.