Social Security Disability RC

How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
Social Security Disability list of impairments
How to Qualify for Disability, Mental Disability
Disability Lawyers FAQ, Disability Back Pay

When a Social Security Disability judge reviews your claim



 
When a person files a Request for Hearing Review, they are asking that an administrative law judge review their disability claim to make a determination as to whether or not they are disabled. But they would not be doing so if the case had not been previously denied so, in essence, a person who files a request for hearing before an ALJ is also asking that the prior denial, or denials, be overturned.

The judge will essentially do what a disability examiner did on the initial disability application. Meaning that the judge will review the medical evidence available to see if you meet or equal a disability listing in the Social Security Disability list of impairments.

If you do not, and most claims do not get approved this way, then the judge will review both your medical evidence and work history (unless you are a child and then school records may take the place of vocational records) to see if you satisfy the definition of disability through the SSA sequential evaluation process which takes into account a personís work skills, age, education, and physical and/or mental limitations.



Cases that go to the hearing level involve a substantial amount of waiting. Hearings are not scheduled immediately and are subject to very long backlogs in most states. This is why the total wait time on any disability claim, from the denial of an application to the holding of a hearing can easily consume three years. This process can also involve a significant wait for someone at ODAR to review your disability case to see if there is a possibility that an immediate favorable decision can be made without the need for an administrative law judge hearing.

If they (generally an attorney adjudicator) determine an allowance is likely, they will refer it to an ALJ for an OTR decision. An on-the-record decision is simply a medical decision based on the information contained in your disability claim file. If the OTR decision is actually an approval, you will not have to go to a hearing.

Bear in mind, on the record decisions are not the rule, but the exception.

If you donít get an OTR approval, your disability claim will be scheduled for a disability hearing with an ALJ. Of course, this is usually what happens in the vast majority of all claims.

At this point, you will just have to be patient it takes time to get a disability hearing, Generally, it takes 12-24 months to get a hearing depended on the backlogs at your areaís disability hearing office.








Essential Questions

What is the Social Security Disability SSI list of impairments?

Can you work while getting or applying for Disability?

How Often Does Social Security Approve Disability The First Time You Apply?

Tips for getting Social Security Disability or SSI benefits approved

What medical conditions will get you approved for disability?

What kind of Mental Problems Qualify for Disability?

Receiving a Disability Award Letter

Conditions Social Security will recognize as a disability

Previously answered questions regarding SSD and SSI

Applying for disability in your state



Most popular topics on SSDRC.com

Social Security Disability SSI Questions

The listings, list of disabling impairments

Can a mental illness qualify you for disability?

Disability Lawyers prevent unnecessary denials

How much Social Security Disability SSI back pay?

How to apply for disability for a child or children

Filing a Social Security Disability SSI application

Filing for disability - when to file

How to apply for disability - where to apply

Qualifications for disability benefits

How to Prove you are disabled and Win your Disability Benefits

Qualifying for Disability - The Process

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?

Common Mistakes to avoid after being denied for Disability

Social Security Disability SSI Exam tips

More Social Security Disability SSI Questions

Social Security Disability SSI definitions

What makes you eligible for Social Security Disability or SSI?



New and featured pages on SSDRC.com

Who can help me file for disability?




Related pages:

List of Impairments for Social Security Disability and SSI
What Disabilities Qualify for SSI and Social Security Disability?
What Conditions Qualify For Social Security Disability?
How does Social Security determine if I am disabled?
If you are Denied for Disability, Should you File a new Application or File an Appeal?
What if my application for disability is denied?
Eligibility and Qualifications for Disability in Illinois
Applying for disability in Illinois
Disability Lawyers in Illinois
Will I Qualify For Disability Benefits in Illinois
Disability denial in Illinois, when to get a lawyer



These pages answer some of the most basic questions for individuals who are considering filing a claim.

Do I need an attorney to win disability?
How Long Does It Take To Go Before A Judge For Disability?
Will a Judge give you an Immediate Decision at the Disability Hearing?
What happens when you go to a disability hearing?
Social Security Disability SSI and Medical conditions
Social Security Disability lawyer fee
Can a lawyer or attorney speed up my disability case?
When can I expect my first disability check and my back pay check?
Going to a medical exam for Social Security Disability or SSI
Filing for disability - How to file the disability application
Do you need a lawyer to file for disability?
How Far Back Can SSI Back Pay Be Paid?
Can you get temporary Social Security Disability or SSI benefits?
The Social Security Disability Award Letter
Social Security Disability SSI Eligibility Requirements
How Many Times Will you be denied before You Get Approved for Disability?
What makes you eligible for Social Security Disability or SSI?
How to Prove disability and qualify to win benefits
How to speed up the disability process
Social Security Disability Back pay and How Long it Takes
What should you say if you go to a Social Security Exam?
Maximum back pay you can get from Social Security Disability or SSI
How to qualify for disability
What is the Social Security Disability List of Impairments?
What is considered a disability by Social Security?
How Long Does A Social Security Disability Appeal Take?
How does back pay for Social Security Disability work?
Your Social Security Disability Status
How do you find out if a disability claim has been approved or denied?
How to check Social Security Disability Status
Applying for disability, what medical conditions can you apply for?
How do you prove your disability case if you have a mental condition or impairment?
How much does disability pay?
Can I get permanent Social Security Disability or SSI?
How long will it take to get a disability decision letter?
Social Security Disability and SSI Medical Exams
How long does it take to be approved for SSI or Social Security Disability?
How Long to get a Disability Hearing decision?
How long to get disability benefits after you receive an award notice?
Social Security Disability and Working
What makes a person eligible to receive disability benefits?
How To Get Disability Through SSDI or SSI Approved
How Much Income Can A Person Earn If He Draws Social Security Disability?
Partial disability benefits from Social Security
Can I Qualify For Disability for Depression?








For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.

The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.

To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.