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The latest average processing time statistics for Social Security hearing offices around the country were published in the October 2013 Social Security Forum, a newsletter for NOSSCR members. 

The average processing time for the Portland, Maine hearing office is now 377 days, or just over a year. Remember, processing time runs from the date of the hearing request to the day a decision is issued. The 377 days is an average. Some claims are resolved more quickly, but a claim that requires a hearing and a written decision may take longer.

In my view, the processing time was hurt by the government shutdown. Although the hearing offices remained open during that time, the staff work came to a virtual standstill. And they have not recovered yet. I have a number of claims at the hearing level that are still "pending folder assembly," which means that the appealed claim has not been initially processed by the hearing office.

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The key evidence for Social Security disability claims is often a medical source statement, which is an opinion from a treating physician (or other acceptable medical source) regarding the functional limitations resulting from your impairments. The doctor's actual progress notes usually do not have meaningful information regarding a patient's functional limitations (my clients are often surprised by this), so an opinion on this issue is quite important for your disability claim. Further, Social Security must give special consideration to a treating source opinion.

However, a medical source statement is not always available. Many doctors will not provide them. I have several clients who go to a New Hampshire pain management clinic, and the clinic simply has a policy not to complete medical source statement forms. Whatever the reason, it is intensely frustrating when you have a disabled client who cannot get a treating doctor's opinion regarding functional limitations.

What can an administrative law judge infer from a lack of a medical source statement? In my view, nothing. There are lots of reasons why a doctor may not choose to complete the form. Nevertheless, I see ALJ decisions where the absence of a medical source statement is cited as a reason supporting an unfavorable decision.

What to do for a disability claim with no medical source statement?

  • Try again. Exhaust every avenue to get a medical source statement.
  • Beef up the other aspects of the claim, including nonmedical evidence. Consider a statement from a spouse, family member, or friend. Develop any evidence you can that demonstrates disability.
  • Explain at the hearing that this particular doctor does not provide these opinions. Don't allow the judge to assume that the doctor does not think that the claimant has significant functional limitations.

Lastly, hope for the best. The absence of a medical source statement gives the judge much more leeway, in my view. Nevertheless, disability claims without a treating doctor's opinion are approved every day.

There is an interesting Practice Tip provided by Illiniois attorney Eric Schnaufer in the September 2013 Social Security Forum, a newsletter for NOSSCR members. Attorney Schnaufer suggests submitting a treating source's curriculum vitae (CV) to the disability claim file. 

I think this is a great idea in certain cases. Some clients have treating specialists with impressive backgrounds. Submitting that doctor's CV can help to make the point that the claimant's treating doctor has a more reliable opinion than the guy who performed the consultative exam for Social Security.

The staff at the Maine DDS office has been furloughed due to the federal government shutdown. The Portland Press Herald has the story.

DDS is the state agency that makes Social Security disability determinations at the initial and reconsideration levels of administrative review. Although DDS workers are technically state workers, the federal government reimburses the state of Maine for 100% of their salaries.  With the shutdown, that money is not forthcoming.

The Maine DDS was already backlogged due to the volume of work. A couple weeks of furlough, should the shutdown last that long (and it's looking that way), will set them back even further.

The SSA has put a plan together detailing what operations will continue and what tasks will not be undertaken in the event of a government shutdown. The SSA has released its Shutdown 2013 Potocol (link opens a 5-page PDF).

Take a look. Charts on page 3 show what activities the Field Offices and DDS offices will continue, and what activities they will discontinue, during the a shutdown.

The chart on page 4 shows the activities the ODARs will continue, and what activities the ODARs will discontinue. Continued ODAR activities are limited to hearing cases and deciding cases. Judging by the long list of discontinued activities, including decision-writing, it seems clear that hearing offices are going to be pretty hard hit in the event of a shut down. Scheduled hearings will continue. But that is about it.

Let's hope it does not last very long. If it does, it's not going to be pretty for those of us practicing in this area.

Update: I stopped by the Portland hearing office yesterday. Hearings are continuing, but the office is in disarray.

As of this past weekend, the status of a representative's claims at the Appeals Council is available through SSA's online Appointed Representative Services. Just go to the Electronic Records Express (ERE) homepage, select "Get Status Reports" and then select "Get Appeals Council Status Report." As with the Hearing Office Status Report, you can choose between a "quick view" report or a spreadsheet.

This is a terrific development. One of the frustrating aspects of dealing with the Appeals Council has been that there was no good way to check the status of a claim. That has now changed.

Write or call each client with a claim at the Appeals Council, and let them know the status of the appeal.

I have written before about the backlog at the Maine Disability Determination Services, particularly at Reconsideration, since initial claims are given priority. Now, some Reconsideration claims are being routed to the Vermont DDS to help ease the work load.

These claims, if denied again at Reconsideration and appealed, will have hearings in Maine. But the Reconsideration rewiew is happening in Vermont, and disability examiners are being assigned much quicker than in Maine.

The status of a representative's claims at the Appeals Council will be added to SSA's online Appointed Representative Services in August. Deputy Commissioner Glenn Sklar made that announcement at the Spring NOSSCR Conference.

This is welcome news. One of the frustrating aspects of dealing with the Appeals Council is that there is not a good way to check the status of a claim. A claim can easily be at the Appeals Council for a year or more, and that is a long time without a way to check status.

Further, no one wants to be at the Appeals Council in the first place, since you ususally get there by appealing an unfavorable decision from an administrative law judge.

I have come to rely on the online system for claims at the hearing level. It will be wonderful to have the same level of transparency at the Appelas Council.

I will be attending the Spring conference for the National Organization of Social Security Claimants' Representatives (NOSSCR) being held this week in Washington, D.C.

There is almost always something noteworthy to share from the conference, and I will have a blog post or two about it soon.

I look forward to seeing friends and colleagues, and if you are a reader of this blog, please say hello.

As promised, the SSA has updated its online services for representatives to include the name of the administrative law judge (ALJ) assigned to claims at the hearing level.

Just log in to your online services account, go to Electronic Records Express (ERE) Home, and select "Get Hearing office Status Report." Both the "quick view" version and the spreadsheet version of the report now include the name of the administrative law judge assigned to each claim.