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The latest statistics for processing times for disability claims at the Social Security hearing offices around the country have been released by the SSA, and reprinted in the April 2012 NOSSCR Social Security Forum newsletter.

Waiting times continue to shorten in Portland, Maine. The average wait for a hearing decision is now 377 days – just about 12 months. This is an improvement over the waiting time of 392 days that I reported three months ago.  I have definitely noticed an uptick in the pace at the Portland ODAR, and recently claims have been set for hearing at a furious rate.

The improvement in Portland is partly due to the help of nearby hearing offices. To help manage its backlog and reduce the wait time, the Portland, Maine hearing office transfers some of its work to nearby hearing offices. Such transfers are a simple matter now that the disability claim files are all electronic.  

Some of the "folder assembly" work is being done elsewhere. Also, claims that will be scheduled for video hearings in Bangor or Augusta are being transferred to nearby hearing offices. The Augusta claims are going to the Manchester, New Hampshire hearing office, and the Bangor area claims are being transferred to the new ODAR in Lawrence, Massachusetts. If you live nearer to Bangor or Augusta than Portland, there is a distinct possibility that your video hearing will be with a judge outside of Maine. 

Processing time runs from the date of the hearing request (which is the appeal of a Reconsideration denial) to the day a decision is issued. The 377 days is an average. Some disability claims are resolved more quickly, but a Social Security disability claim that requires a hearing and a lengthy written decision may take longer.

One speaker that caught my attention at the recent NOSSCR conference in Philadelphia was Peter Barry, a Minnesota consumer rights attorney. He spoke about abusive debt collectors, and what to do about them under the FDCPA. It was a very good presentation, and I have been thinking about the topic since attending the session.

Our disability clients, who are by definition unable to work, can be under severe financial stress. Unpaid bills come with the territory. Our clients also have health conditions, often including chronic pain or mental health issues, that can make them vulnerable to debt collectors, some of whom are unscrupulous.

I am going to explore this issue with my clients. I want to see if they are being treated with truth, fairness, dignity, and respect. Because our clients have enought stress in their lives without being treated poorly by debt collectors.

Here are debt collection FAQs from the FTC.

I was honored to present a workshop at last week's NOSSCR conference in Philadelphia. We had a good turnout. My topic was writing effective hearing briefs for the ALJ. Thank you to all who attended!

I have published my written presentation materials. Just click here: Writing Effective Hearing Briefs for the ALJ.

One of the questions after my presentation was: Should you call it a brief or a memorandum? Here is my answer:

I have used those terms interchangeably in the past. Social Security labels it a Representative Brief in the disability claim file. Calling it a memorandum reflects that it should be concise and fairly short. However, now that it is addressed to no one in particular (since we do not know the identity of the judge in advance of the hearing), I am going to start calling it a statement of the case, which is what the Portland, Maine ODAR calls it.

The Spring conference of the National Organization of Social Security Claimants' Representatives (NOSSCR) takes place this week in Philadelphia. I will be travelling today to attend the conference.

I will be presenting a workshop Friday morning at 8:30 AM. My workshop is titled: "Writing Effective Hearing Briefs for the ALJ."

Here is the workshop description:

Win more cases at the hearing level by writing a pre-hearing memorandum for the ALJ.  This presentation will persuade you to submit a brief in advance of every hearing, and will offer useful tips for writing a more effective memorandum.

If you will be attending the Philly NOSSCR conference, please go to the workshop! And please say hello to me while at the conference. I look forward to meeting you.

I like to get a statement from a spouse for Social Security disability claims. I think a non-medical, or "lay," statement is helpful to the claim. These statements are often quite powerful, because they describe the loss that has accompanied the inability to work, and often describe the struggles the household has undergone as a result of the claimant's disability. The statements provide good evidence in support of a claim for disability benefits.

Further, the statement is already in the claim file before the ALJ first reviews the claim, so the judge can get a good idea of a claim in advance of the hearing.

Statements are not limited to spouses, however. Anyone with knowledge of the disability applicant's situation can write a statement, and these statements must be considered by the judge. See 20 CFR 404.1513(d)(4).

I had a meeting last week, in preparation for an upcoming hearing, with a client who obtained four statements in support of her claim: her husband, her mother, her best friend, and a previous employer who is also a friend. The four statements together paint a clear picture of the client's limitations. They add quite a bit to the overall case. Each statement describes similar problems that the client is having, but describe the client's limitations in different ways. Each statement is very genuine, and together they offer persuasive evidence of disability.

Two thoughts on presentation of the statements:

  1. Sometimes handwritten statements are very hard to read. In such cases, my legal assistant types the statement, and we submit the typed version together with the original handwritten one. You want the judge to be able to read the statement, so type it if necessary.
  2. A speaker at a recent conference suggested that statements should be submitted in the form of an affidavit: typed, sworn and notarized. The speaker's thinking was that, if you end up in federal court, the affidavit format is familiar, and the statement would carry more weight. In my view, it is the authenticity and genuineness of the statements that make them such good evidence. An affidavit is a lawyer-produced document, and seems less persuasive to me. I think the statement in its original form is more effective at the hearing level.

Regardless of the format, get statements in support of your claim!

Update: Please also read Statement from a former employer can enhance credibility


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Download our free ebook:

Ten steps to prepare for your Social Security disability hearing

 

For those who are enrolled in Social Security's online Representative Services, you have instant access to the ALJ's decision, on the day the decision is made and the case is closed.

Once you see on your hearing office status report that a particular case has been closed, access that claimant's electronic folder online. The ALJ's decison is not included on the exhibit list, which is the default screen for the electronic folder. But if you click on the "case documents" tab (on the top left corner, as shown above), the ALJ decision will be right there in the "A" section. You can select the decision, download it, and send it off to your client by email.

For those who are anxious about the result of their disability hearing, which is pretty much everybody, it is wonderful to obtain the actual judge's decision in near real time, rather than ten days later in the mail.

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Every other Friday, I publish links to articles of note regarding Social Security disability.

I frequently remind readers of the importance of medical source statements for Social Security disability claims.

I try to get medical source statements as early as possible in the claim process. Get them while you can,  because you may not be able to get an opinion from that treating source later. 

I recently had a conversation with a client that demonstrates the wisdom of that practice. We obtained medical source statements from her psychiatric nurse practitioner (Ruling 06-03p requires adjudicators to weigh "other source" opinions to show the severity of an individual's impairment and how it affects the individual's ability to function) and from her primary care physician early in the case.

A few months ago, the client moved to a different part of the state, and is still in the process of reestablishing medical care. The hearing is approaching. If my office had waited until the hearing was scheduled to seek treating source opinions, we would be out of luck. But since we sought them early, all is well.

Stuff happens. Clients may move. Clients may lose their insurance, and not be able to afford to go to the doctor. Sometimes the relationship with the treating doctor goes downhill. Treating doctors can move away, change practices, or retire. 

Get medical source statements as early as possible. 

I write regularly about the importance of medical opinion evidence in a Social Security disability claim. Hopefully a treating doctor’s opinion helps to persuade the judge that you are disabled.

Whether or not the administrative law judge (ALJ) is persuaded to allow your claim for disability benefits, a treating source opinion triggers certain requirements for the ALJ’s written decision.

Social Security Ruling 96-8p states:

The RFC assessment must always consider and address medical source opinions. If the RFC assessment conflicts with an opinion from a medical source, the adjudicator must explain why the opinion was not adopted.

Keep theis key provision in mind when you appeal an unfavorable ALJ decision to the Appeals Council or to federal court.