Can attorneys get SSDI and SSI cases to the Administrative Law Judge faster?

Can attorneys get SSDI and SSI cases to the Administrative Law Judge faster?

If you do not have an attorney at this level of the Social Security Disability process, it would be wise to consider obtaining the services of a competent representative. Attorneys and Social Security representatives can help your chances of being approved and they may help you get an administrative law judge decision without a hearing.

If you are submitting a Request for an Administrative Law Judge Hearing appeal, your representative could ask the judge to consider making an OTR decision. OTR simply means an on the record decision. In this scenario, your representative will create a concise, detailed brief in accordance with Social Security guidelines to present their arguments as to why you should be approved for disability benefits.

In addition to creating the brief, they will also obtain any new medical records and perhaps a statement from your treating physician to answer any questions the judge might have that are not answered in the medical records.

You should consider the fact that doctors write their notes for themselves and not for disability decisions, and, therefore, additional statements are helpful to not only clarify the medical records but to answer questions specific to the Social Security Disability determination process.

Lastly, your disability representative will create a proposed medical disability decision that may be an approved by the judge as written, or they may remain in contact with the adjudicator to provide other information, or to negotiate other aspects of your disability claim such as an amended onset of disability.

In the end, if the judge approves your disability claim with an OTR decision, you are potentially saving months or even years of wait time for a hearing. If your request for an OTR decision is denied, your disability claim will be sent for a hearing. Your representative may still be able to get you to the administrative law judge sooner. If your disability claim involves SSI and you are in dire financial straights, your representative can write a dire need letter to expedite the scheduling of your hearing. The dire need letter alone will not suffice; you should submit final notices, foreclosure notices, and eviction notices with the request. If dire need is established, your disability claim could be scheduled for a disability hearing expeditiously.

About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.

Most popular topics on

Social Security Disability in North Carolina

Common Mistakes to avoid after being denied for Disability

Tips to Prepare for Filing for Social Security Disability or SSI

Advice to Win SSD and SSI Benefit Claims

Social Security Disability SSI Questions

What is the difference between Social Security Disability and SSI?

How to get disability for depression

Getting disability for fibromyalgia

SSI disability for children with ADHD

What is the Application Process for Social Security Disability and SSI?

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

What makes you eligible for Social Security Disability or SSI?

Related pages:

Does sleep apnea treatment qualify a person for temporary SSI disability?

Can working hurt my disability case I have a hearing coming up?

Can I get disability with a frozen shoulder?

Can a husband and wife both receive Social Security Disability?

Can you appeal a disability back pay decision?

How far does Medicare back pay?

Does Social Security Disability require that your savings be depleted?

What if I don't get a decision on my SSI claim by the 90 day period?

Social Security Disability benefits for stroke

Social Security Disability, back pain, and sedentary, light, and medium work

Why does the Social Security Administration want me to see one of their doctors?

Will I lose my Social Security cash benefits for my children if I get married?

Do I receive Social Security Disability for the rest of my life?

Can attorneys get SSDI and SSI cases to the Administrative Law Judge faster?