In response to a Presidential order Social Security recently released their customer service plan.
For people applying for disability the main initiative is video hearings. I have mixed feelings about this. It use to be that the Administration would send its ALJ's out to remote parts of the country and they would hold hearings at a hotel meeting room or similar facility. Yes this increased cost to the administration, but it allowed for the face to face interaction that some clients need to present their case.
Earlier this year, the administration stopped doing this altogether. Some clients had to drive hundreds of miles to get to the hearing site. This was not good. Luckily some clients were close enough to a permanent hearing site attached to a local office. This allowed for the ALJ to come closer to claimant. But in places like Nacogdoches and Lubbock, Texas, clients still had to drive quite a ways to get to a permanent hearing site.
So this customer service plan is starting more video hearings. That's great. I am glad clients can now get hearings more quickly without having to drive as far. However part of me does not like video hearings. I just don't think there is any technological way to account for being in front of a living breathing person. I would love for every client of mine to be seen and heard in three dimensions by an ALJ. That way every bit of his or her demeanor can be examined by the one who will make a decision.
Is it a good trade off? We will see
Showing posts with label Social Security. Show all posts
Showing posts with label Social Security. Show all posts
Friday, October 28, 2011
You've been denied disability...Now what?
In 2010 nearly 3 million people applied for disability benefits. That's nearly three million people claiming that they cannot work. Only roughly a third of those were approved. Those approvals came at all different levels of the application process. So if you received a denial where does that leave you? This article goes over the steps of the application process and describes what to expect next if you were denied.
If you have applied for benefits you can hire an experienced attorney at anytime to deal with the administration.
Initial
When you first apply for benefits, your application paper work is sent to a state agency who gathers some of your medical records and conducts a paper review of your application. A doctor looks over you medical records and decides if you are disabled under social security's rules. Sometimes applicants are successful at this step.
If have been denied at this step though, take heart, and make sure to appeal that decision within 60 days of the denial or you risk losing benefits. An appeal at this stage, in most states, moves your application to the reconsideration stage. In some states like Louisiana you move on to the hearing stage.
Reconsideration
At this stage, the state examiner gathers some more medical records. You file some paper work describing any changes in your condition. A different doctor looks over your medical records and again determines if you meet the Administration's definition of disabled. A denial at this stage is very common. So if you lose at this stage, again take heart, most people lose at recon. Remember to appeal your case or request a hearing within sixty days to preserve your rights.
Administrative Law Judge (ALJ) hearing
This stage is where you finally get to talk with someone directly who can make a decision in your case--the ALJ. You will be allowed a time to present your case. There will also be others at your hearing, a hearing reporter and usually a vocational expert. Sometimes there may even be a medical expert. If you have not hired an experienced attorney yet, you should really consider doing so. Your attorney would know how best to present your case, what evidence to highlight. An experienced attorney knows how to cross-examine experts. Prior to the hearing the attorney can also gather your most up-to-date medical evidence saving you a lot of trouble and expense.
This step of the process is very important. In the lawyer world, we say that this is where findings of fact are made. Findings of fact are very hard to appeal. The judge is acting as both judge and jury at this point so you want to absolutely put on your best case. I highly suggest hiring an attorney.
However, sometimes the most deserving people are denied at this point for various reasons. Sometimes the judge did not see what he or she needed to see in a case. The judge might not have found you credible. For whatever reason though, all is not lost there are still more avenues of appeal.
Appeals Council or Refile
Just recently the Administration came down with a decision that a person either had to refile or appeal once a decision is made at the ALJ level. It used to be that you could do both. There are a lot of considerations in deciding which way to go. Appeals can take a long time and can be harder to win than a new application, but at the same time by filing a new application you would be giving up any back benefits on your original application. So this decision is a big one. Once again an experienced attorney can be a lot of help in advising you in what direction to go.
If you decide to appeal to the Appeals Council, your whole file is sent up to Virginia for review. For my clients, I accompany the request for review with a brief detailing my theories as to why I believe the ALJ made the wrong decision. I also send up any new evidence. The Appeals Council examines the decision to see if the ALJ made any legal error. You do not testify. This is all done on paper. Then the Appeals Council can do one of three things, they can find you disabled, remand your case back to the Judge, or deny your request for review. If you are denied at this point you have exhausted your administrative remedies, and you can now file in Federal Court.
Federal Court Appeals
Overturning an ALJ decision is even harder in Federal Court, but it can be done. Here you would definitely need a lawyer to help you out. Dealing with a Federal Court is even less forgiving than dealing with the Administration. In this step everything is on paper again. You would not testify. Some courts do allow for oral argument though.
So I hope this article has been helpful for anyone who is in the process of applying for benefits. If you have any questions you may of course contact me.
If you have applied for benefits you can hire an experienced attorney at anytime to deal with the administration.
Initial
When you first apply for benefits, your application paper work is sent to a state agency who gathers some of your medical records and conducts a paper review of your application. A doctor looks over you medical records and decides if you are disabled under social security's rules. Sometimes applicants are successful at this step.
If have been denied at this step though, take heart, and make sure to appeal that decision within 60 days of the denial or you risk losing benefits. An appeal at this stage, in most states, moves your application to the reconsideration stage. In some states like Louisiana you move on to the hearing stage.
Reconsideration
At this stage, the state examiner gathers some more medical records. You file some paper work describing any changes in your condition. A different doctor looks over your medical records and again determines if you meet the Administration's definition of disabled. A denial at this stage is very common. So if you lose at this stage, again take heart, most people lose at recon. Remember to appeal your case or request a hearing within sixty days to preserve your rights.
Administrative Law Judge (ALJ) hearing
This stage is where you finally get to talk with someone directly who can make a decision in your case--the ALJ. You will be allowed a time to present your case. There will also be others at your hearing, a hearing reporter and usually a vocational expert. Sometimes there may even be a medical expert. If you have not hired an experienced attorney yet, you should really consider doing so. Your attorney would know how best to present your case, what evidence to highlight. An experienced attorney knows how to cross-examine experts. Prior to the hearing the attorney can also gather your most up-to-date medical evidence saving you a lot of trouble and expense.
This step of the process is very important. In the lawyer world, we say that this is where findings of fact are made. Findings of fact are very hard to appeal. The judge is acting as both judge and jury at this point so you want to absolutely put on your best case. I highly suggest hiring an attorney.
However, sometimes the most deserving people are denied at this point for various reasons. Sometimes the judge did not see what he or she needed to see in a case. The judge might not have found you credible. For whatever reason though, all is not lost there are still more avenues of appeal.
Appeals Council or Refile
Just recently the Administration came down with a decision that a person either had to refile or appeal once a decision is made at the ALJ level. It used to be that you could do both. There are a lot of considerations in deciding which way to go. Appeals can take a long time and can be harder to win than a new application, but at the same time by filing a new application you would be giving up any back benefits on your original application. So this decision is a big one. Once again an experienced attorney can be a lot of help in advising you in what direction to go.
If you decide to appeal to the Appeals Council, your whole file is sent up to Virginia for review. For my clients, I accompany the request for review with a brief detailing my theories as to why I believe the ALJ made the wrong decision. I also send up any new evidence. The Appeals Council examines the decision to see if the ALJ made any legal error. You do not testify. This is all done on paper. Then the Appeals Council can do one of three things, they can find you disabled, remand your case back to the Judge, or deny your request for review. If you are denied at this point you have exhausted your administrative remedies, and you can now file in Federal Court.
Federal Court Appeals
Overturning an ALJ decision is even harder in Federal Court, but it can be done. Here you would definitely need a lawyer to help you out. Dealing with a Federal Court is even less forgiving than dealing with the Administration. In this step everything is on paper again. You would not testify. Some courts do allow for oral argument though.
So I hope this article has been helpful for anyone who is in the process of applying for benefits. If you have any questions you may of course contact me.
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