Episode 6 of Social Security Disability Law Weekly Podcast includes discussion of: importance of local attorneys in Social Security Disability Claims; use of an iPad in Administrative Law Judge Hearings; don’t blame the messenger when unpleasant information is communicated about your disability or SSI claim; Social Security Denials Remain High in Delaware; impact of disability on Social Security Retirement benefits; and concept of medical record lag in Social Security claims. Download Episode 6 or press play below to listen in your browser.

Show Notes: Social Security Disability Law Weekly Podcast Episode 6

• Subscribe in iTunes (subscribe in iTunes)

This Week’s Topics:

• Off Topic
  • Support local attorneys – discussion of advantages of having a local attorney
  • Is my attorney using an iPad?
• Issues during my week in practice
  • Don’t Blame the Messenger!
    • Finding out that you don’t qualify for Social Security disability can be difficult, but it is important to remember that the person communicating the message to you isn’t the one making the rules.
• Social Security News (Discussion of Topics Reported in the News and Blogs this Week)
  • Social Security Denials Remain High by Mike Chalmers of the Delaware News Journal
    • Further discussion of the relatively high denial rate for Social Security disability claims by Delaware Administrative Law Judges
  • Social Security Disability Benefits at Retirement Age by Scott Lewis of Indiana Social Security Disability Lawyer Blog
    • Description of what happens when you reach retirement age and are on disability
    • Reminder to consider loss of benefit when on Early Retirement instead of disability
  • The Medical Records Time Lag by Gordon Gates of the Social Security Disability Lawyer Blog
    • More complete medical records can help you win your claim

Closing Credits:

• Contact Steve Butler to Discuss Social Security Disability Law Weekly
  • DelawareDisability.com Contact Form
  • Email: Steve@SSAlaw.us
  • Twitter: @DisabilityGuy
  • Facebook: http://facebook.com/SSALaw

I hope you enjoyed the sixth episode. Please feel free to give me any feedback for improving future episodes. If you enjoy the podcast, you can subscribe in iTunes.

Social Security Disability Law Weekly is a podcast devoted to issues in Social Security Disability Law. Discussion is focused on Social Security Disability Insurance and Supplemental Security Income payments. Social Security Disability Law Weekly is hosted by Steven Butler of Linarducci & Butler, PA.

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Social Security Disability Law Weekly, Episode 5, includes discussion of use of technology in disability claims; alcohol abuse and mental health claims; importance of trying work before applying for disability; problem of being disabled and uninsured; how to qualify for Social Security based on mental illness/bipolar disorder; improve your Social Security Reconsideration appeal; and, more reasons to file an appeal of your disability denial. Download Episode 5 or press play below to listen in your browser.

Show Notes: Social Security Disability Law Weekly Podcast Episode 5

• Subscribe in iTunes (subscribe in iTunes)

This Week’s Topics:

• Why Technology is Important to Social Security Disability Law
  • Discussion of my attendance at American Bar Association TechShow in Chicago
  • Discussion of how technology has improved Social Security’s processing of disability claim files
• Question from Last Week’s Podcast
  • Does Alcohol Dependence in Mental Health/Depression claims guarantee that your disability claim will be denied?
• Issues during my week in practice
  • Attempting to obtain disability benefits without ever attempting to work
    • Discussion of importance of trying work before applying for Supplemental Security Income Payments
    • Link to Delaware Division of Vocational Rehabilitation
  • Serious medical problems without medical insurance
    • Review of how lack of medical insurance limits options for individuals that have disabilities
    • Link to Delaware Division of Social Services Medicaid Information Page
• Social Security News (Discussion of Topics Reported in the News and Blogs this Week)
  • Bipolar Disorder and Social Security Disability by Aaron Rifkind of Illinois Social Security Blog
    • Explanation of the Medical Listing criteria for qualifying for disability benefits based on Bipolar Disorder
    • Important to also determine if you qualify based on your Residual Functional Capacity
  • Four Tips for Filing for Your Social Security Disability Reconsideration by Cavey Barrett, Attorneys at Law
    • Steps you can take to improve your reconsideration appeal
  • Another Reason to Appeal Your Denial by Gordon Gates of the Social Security Disability Lawyer Blog
    • Discussion of how high turnover at Disability Determination Services impacts denial rates at the initial application and reconsideration levels

Closing Credits:

• Contact Steve Butler to Discuss Social Security Disability Law Weekly
  • DelawareDisability.com Contact Form
  • Email: Steve@SSAlaw.us
  • Twitter: @DisabilityGuy
  • Facebook: http://facebook.com/SSALaw

I hope you enjoyed the fifth episode. Please feel free to give me any feedback for improving future episodes. If you enjoy the podcast, you can subscribe in iTunes.

Social Security Disability Law Weekly is a podcast devoted to issues in Social Security Disability Law. Discussion is focused on Social Security Disability Insurance and Supplemental Security Income payments. Social Security Disability Law Weekly is hosted by Steven Butler of Linarducci & Butler, PA.

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Social Security Disability Law Weekly is a podcast devoted to issues in Social Security Disability Law. Discussion is focused on Social Security Disability Insurance and Supplemental Security Income payments. Social Security Disability Law Weekly is hosted by Steven Butler of Linarducci & Butler, PA.

Episode 4 includes discussion of: emergency room treatment in disability claims; Delaware District Court Appeals; Delaware State Bar Association Seminar on Social Security; Disability Onset Date when filing a second application for benefits; Attorneys at Administrative Law Judge Hearings; and high Global Assessment of Functioning (GAF) scores. Download Episode 4, or press play below.

Show Notes: Social Security Disability Law Weekly Podcast Episode 4

-          Subscribe in iTunes (subscribe in iTunes)

This Week’s Topics:

-          Issues during my week in practice

• Emergency Room Treatment as Primary Care
  • Discussion of using hospital as only source of treatment
  • Suggestion to consider low-cost medical clinics as alternative (Delaware Low-Cost Healthcare)
• Meeting to discuss Social Security Appeals with Chief Judge Gregory Sleet of the United State District Court for the District of Delaware
  • Chief Judge Sleet brought together Delaware Attorneys that practice in the Social Security area with representatives from the Social Security Administration General Counsel’s office to discuss Social Security Issues at the District Court level
• Delaware State Bar Association Social Security Disability Ethics Presentation
  • Discussion about Delaware State Bar Association CLE on “Can Social Security Disability Help Your Client?” (Registration Form)

-          Social Security News (Discussion of Topics Reported in the News and Blogs this Week)

• Disability Onset in Subsequent Claims by Aaron Rifkind of Illinois Social Security Blog
  • Social Security allows individuals to file a new claim for disability benefits after being denied by an Administrative Law Judge, but you can only be found disabled beginning the day after the ALJ denial
  • What date should you use as your alleged onset date if you file a new claim
• Am I Required to Have an Attorney at a Hearing by Tim Moore of Disability Secrets Blog
  • Discussion of factors that should be considered when determining if you should be represented at an ALJ hearing
• Is GAF of 65 Too High? By Gordon Gates of the Social Security Disability Lawyer Blog
  • Global Assessment of Functioning or GAF scores are a tool used by Mental Health Providers (psychiatrist, psychologist and therapists) to provide a snapshot of your functioning at the time you are evaluated
  • GAF scores of 51 or higher, normally cause problems in being approved for Social Security Disability based on mental illness
  • Disability cannot be determined solely based on a GAF score

Closing Credits:

-          Contact Steve Butler to Discuss Social Security Disability Law Weekly

• DelawareDisability.com Contact Form
• Email: Steve@SSAlaw.us
• Twitter: @DisabilityGuy
• Facebook: http://facebook.com/SSALaw

I hope you enjoyed the fourth episode. Please feel free to give me any feedback for improving future episodes. If you enjoy the podcast, you can subscribe in iTunes.

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Social Security Disability Law Weekly is a podcast devoted to issues in Social Security Disability Law. Discussion is focused on Disability Insurance Benefits and Supplemental Security Income payments. The podcast is hosted by Steven Butler of Linarducci & Butler, PA.

Episode 3 focuses on: Impact of Vacation on Disability Claim; Completion of Materials for “Can Social Security Disability Help Your Client?” seminar; What if Disney Ran the Social Security Administration; How Social Security Benefits are Taxed; How a Disability Attorney Can Help Your Claim; SSI Benefits while in a Public Institution; and, Complaining About ALJ Bias. Download now or press play below.

Show Notes:

-          Now Available in iTunes (subscribe in iTunes)

This Week’s Topics:

-          Issues During Week in Disability Law Practice

• Impact of Vacation on Disability Claim
• Completion of Materials for Social Security Disability Ethics Presentation
  • Discussion about Delaware State Bar Association CLE on “Can Social Security Disability Help Your Client?” (Registration Form)
• What if Disney Ran the Social Security Administration

-          Social Security News (Discussion of Topics Reported in the News and Blogs this Week)

• How are my Social Security Benefits Taxed? – Blog post by Sheri Abrams
  • Discussion of importance of seeking help from a tax professional once awarded Disability Benefits
  • Social Security Frequently Asked Questions about Tax
    • Do I have to Pay Income Tax on my Social Security? (Social Security Administration
    • Withholding Federal Income Tax from Social Security (Social Security Administration)
    • Social Security and Income Tax (National Organization of Social Security Claimants’ Representatives)
• How a Disability Lawyer Helps Your Claim – Blog post by Gordon Gates
  • Overview of the ways that an attorney helps an individual applying for Social Security Disability Benefits
  • Also see:
    • A Doctor or a Lawyer for Your Disability Claim – Blog post by Gordon Gates
    • Advantages of Being Represented for Social Security Disability Claim – Blog post on DelawareDisability.com
• SSI Benefits while in a Public Institution
  • My SSI Benefits Stopped While I Was in the Hospital, Why? – Blog Post by Tomasz Stasiuk
  • Discussion of why SSI benefits are terminated while in a public institution
• Complaining about ALJ Bias – Blog Post by Jeffrey Delott
  • Discussion about Administrative Law Judge Bias Complaint Process
  • How to File an Unfair Treatment Complaint (Social Security Administration)
  • Administrative Law Judge/Public Alleged Misconduct Complaints System (Social Security Public Notice)

Closing Credits:

-          Contact Steve Butler to Discuss Social Security Disability Law Weekly

• DelawareDisability.com Contact Form
• Email: Steve@SSAlaw.us
• Twitter: @DisabilityGuy
• Facebook: http://facebook.com/SSALaw

I hope you enjoyed the third episode. Episode 1 and Episode 2 are still available. Please feel free to give me any feedback for improving future episodes. If you enjoy the podcast, you can subscribe in iTunes.

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Social Security Disability Law Weekly is a podcast devoted to issues in Social Security Disability Law. Discussion is focused on Disability Insurance Benefits and Supplemental Security Income payments. The podcast is hosted by Steven Butler of Linarducci & Butler, PA.

Episode 2 focuses on: preparation for “Can Social Security Disability Help Your Client?” seminar; importance of following prescribed treatment in mental illness claims; the durational requirement of the Social Security Administration disability programs; enactment of new law allowing Social Security to continue to directly pay fees for SSI representation; impact of incarceration on disability benefits; and, the Social Security Administration hearing backlog. Download Podcast or press play below.

Show Notes:

-          Now Available in iTunes (subscribe in iTunes)

This Week’s Topics:

-          Issues During Week in Disability Law Practice

• Preparation for Social Security Disability Ethics Presentation
  • Discussion about Delaware State Bar Association CLE on “Can Social Security Disability Help Your Client?” (Registration Form)
• Mental Illness and Disability Benefits
  • The Law versus the Reality and the Importance of Following Prescribed Treatment
• Durational Requirement of the Social Security Administration Disability Programs
  • Reviews requirement to have Medically Determinable Impairment that is expected to last at least 12 Months or result in death

-          Social Security News (Discussion of Topics Reported in the News and Blogs this Week)

• HR 4532 – Social Security Disability Applicants’ Access to Professional Representation Act of 2010 signed into law February 27, 2010
  • Explanation of provisions of new law
    • Makes Permanent Attorney Fee Withholding in SSI Claims
    • Makes Permanent Program that Allows Qualified Non-Attorneys to be Directly Paid for Representation of Clients in SSI and SSDI Claims
• SSDI & SSI During and After Incarceration
  • Discussion of Blog Post by Jonathon Ginsberg – explaining eligibility for disability payments while incarcerated
• Social Security Disability Hearing Backlog Has Declined
  • Focuses on Charles Hall’s stories about reduction of hearing backlog and observations of how this impacts Delaware Administrative Law Judge Hearings
• Disability Blog Roundups
  • Bi-Monthly Social Security Disability Roundup by Gordon Gates
  • Monthly Social Security Disability Roundup by Aaron Rifkind

Closing Credits:

-          Contact Steve Butler to Discuss Social Security Disability Law Weekly

• DelawareDisability.com Contact Form
• Email: Steve@SSAlaw.us
• Twitter: @DisabilityGuy

I hope you enjoyed the second episode. Episode 1 is still available. Please feel free to give me any feedback for improving future episodes. If you enjoy the podcast, you can subscribe in iTunes.

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Today the National Organization of Social Security Claimants’ Representatives (NOSSCR) advised its members that HR 4532, the “Social Security Disability Applicants’ Access to Professional Representation Act of 2010″ was signed into law by President Barack Obama on February 27, 2010.

This legislation is important because it permanently enacted fee withholding and direct payment of fees in Supplemental Security Income (SSI) cases and allows non-attorney representatives the option of being directly paid for representation of claimants in Social Security Disability Insurance (SSDI) claims and SSI.

Both of these provisions were enacted as a five-year demonstration project in the “Social Security Protection Act of 2004” that was set to sunset on March 1, 2010. By signing the bill on February 27, 2010, President Obama has allowed the Social Security Administration to continue to withhold fees for representation provided in SSI claims.

Importance of Fee Withholding in SSI Claims

Prior to SSI fee withholding, it was difficult for individuals pursuing only SSI claims to find representation. (SSI is a poverty-based disability program that is available only for individuals with little or no income or assets. Normally individuals that only qualify for SSI have limited work histories). Since there was no avenue for direct payment in SSI only claims prior to the demonstration project, it was difficult for legal representatives to be paid in SSI claims. Although the Social Security Administration would approve an SSI fee, attorneys were required to collect the fee directly from the individual that was awarded benefits.

I am happy to see that the SSI fee withholding provision has now become permanent. This will help individuals that only qualify for SSI payments to continue to receive representation for their claims. If this bill had not been passed, it is likely that a large population of disabled individuals would have lost access to legal representation.

Concern about Non-Attorney Representative Provision

The second provision of the “Social Security Disability Applicants’ Access to Professional Representation Act of 2010″ made permanent a demonstration project that permits certain non-attorney representatives to have fees withheld and directly paid by the Social Security Administration. (This provision places qualified non-attorney legal representatives in the same position as licensed attorneys.) Although this provision was supported by NOSSCR, I have concerns about the impact this provision has on the quality of legal representation.

In order to qualify for fee withholding, individuals must only demonstrate that they have a bachelor’s degree or equivalent education, possess malpractice liability insurance, pass a criminal background check, pass an examination testing their knowledge of relevant provisions of the Social Security Act, and demonstrate ongoing completion of qualified continuing education courses. This is very different from the qualifications required of a licensed attorney.

Licensed attorneys are required to pass the State Bar Examination of at least one State in order to qualify to practice before the Social Security Administration. We are required to uphold the provisions of Social Security Administration, and are governed by professional conduct rules of the State (or States) that license us to practice law. Not only can our right to represent claimants before the Social Security Administration be stripped for unethical behavior, we can also face disciplinary actions from our own State and lose our right to practice law.

Enhanced Duties of Attorneys/Lawyers

As an attorney I am strictly governed in the handling of client money; in confidentiality of information I learn; in competency to perform my job; in management of my non-lawyer assistants; and in the content of my advertising materials. I must hold bachelor’s degree, have an accredited legal education, and pass an intense Bar Examination. This is important because legal rights are at issue when you are pursuing Social Security disability benefits. The representation permitted by this legislation would not normally be permitted by State Law.

I am not suggesting that non-attorney representatives are not capable of providing quality representation; however, I am concerned that they can advertise themselves in a way that does not make clear that they are not an attorney, and they are not required to adhere to the same ethical standards that an attorney must. I have seen non-attorney representatives engage in behavior that is intentionally misleading to clients and that would be a violation of the attorney rules of professional conduct. Although attorneys may also be guilty of this behavior, clients can file disciplinary actions that must be investigated when an attorney commits these acts. The Social Security Provisions fail to provide this same protection to disability applicants.

It is important that when an individual seeks representation, that they are aware of the experience and qualifications of their legal representation. Although a non-attorney representative can call himself or herself a legal representative, you must remember that these individuals are not required to have a formal legal education, and they are not required to follow the same ethical code that an attorney must.

For individuals seeking legal representation for Social Security Disability, remember that the fee permitted for a non-attorney representative is the same as an attorney representative. Realize that licensed attorneys are required by law to uphold a higher ethical standard and the violation of our professional ethics code can result in not only malpractice, but also the loss of the right to practice law. Inquire about an individual’s experience, qualifications, and legal philosophy prior to choosing a legal representative for a disability claim, and choose the individual that you think will best represent your interests.

This article was written by Steven Butler. Steven is a partner atLinarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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Recently James publishing launched JamesDisabilityLaw.com. I was excited to see the launch of the site, as I am a subscriber of five Social Security Disability practice guides published by James Publishing. The practice guides help me stay informed of developments in Social Security Disability Law, and educate myself on unique issues that I do not see on a daily basis. These practice guides are a great resource that have helped improve the representation I provide to my clients.

I was disappointed to see that JamesDisabilityLaw.com is not as helpful for claimants. Although some topics on the website are useful for individuals applying for disability, advice provided regarding representation is not. I have previously written several articles on this site about the advantages of having an attorney, how an attorney can help you with your initial application, and how you can improve your application before applying. Since I previously discussed these topics in detail, I will not rehash the entire articles, but I will simply state that you should never be discouraged from obtaining an attorney as early as possible in the disability process.

My problem with JamesDisabilityLaw.com is that the site suggests that you should not obtain an attorney to help until you are denied at the reconsideration level. You are also discouraged from obtaining an attorney when initially applying for benefits. The site indicates that most observers agree that this timing works, but no authority is cited for this proposition.

In the “Common Social Security Disability Questions” section of JamesDisabilityLaw.com, it is again indicated that the best time to obtain an attorney is before an Administrative Law Judge Hearing. What is surprising about this statement, is question 6 indicates that two of the biggest mistakes you can make in the disability process are: 1) failing to appeal; and, 2) failing to obtain appropriate medical care.

Why I disagree with advice from JamesDisabilityLaw.com

The reason that it is important to have representation while pursuing disability benefits, is that an attorney will advise you on how to strengthen your claim. The three biggest mistakes that I find people make in initial applications are: 1) failing to properly document treatment received; 2) failing to list all medical impairments; and, 3) failing to properly answer questions in disability questionnaires. All of these errors remain in your file throughout the disability process. Although you can file amendments to your application in the future, I have seen many individuals denied benefits because they improperly answered questions when they were unrepresented.

I would never suggest that every individual that is applying for disability benefits requires an attorney when pursuing disability benefits; however, there are advantages for everyone pursuing disability benefits to have representation. Although attorneys will charge a fee for the representation that they provide, you should be advised to weigh the advantages of the assistance with the cost for the services. This should be an individual decision based on your specific circumstances.

General disability websites do not provide state specific advice

When reviewing General Information about Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) payments, it is important to note that there are differences in the disability process based on the state you live in. Although the disability standard is the same, I have also written several articles discussing the difficulty of being approved at the Administrative Law Judge level in Delaware. (See High Delaware ALJ Denial Rates, Impact of High Denial Rates in Delaware, and Fiscal Year 2010 Denial Rates Remain High in Delaware). Mistakes made at the initial and reconsideration stages can cause you to continue to be denied benefits in the future, or to lose eligibility for considerable past-due benefits.

Because of the high denial rate at the Administrative Law Judge level in Delaware, it is important that you take every step to be approved for benefits at the earliest possible time. Steps taken to strengthen your claim before you get to the Administrative Law Judge level will also strengthen your claim if you eventually require an ALJ Hearing.

Initial consultations for Social Security Disability are usually free

The great thing about the Social Security disability process is that attorneys cannot charge any fee without authorization from the Social Security Administration. Since authorization is needed in order to charge a fee, most Social Security disability attorneys see you for a free initial consultation before agreeing to take your claim. This free initial consultation helps you make an informed choice of whether representation would help based on your specific circumstances. Although many individuals are successful in obtaining benefits without the help of an attorney, with the growing backlog of disability claims and the high ALJ denial rate in Delaware, it is important that you make an informed decision before proceeding with an application without legal assistance.

I have forwarded my complaints to JamesDisabilityLaw.com, and I hope that my feedback will help improve the website. There are several areas on JamesDisabilityLaw.com that help educate you on the disability process, but I am just concerned that by discouraging individuals from obtaining legal assistance, they may cause more people to be denied benefits.

UPDATE: I received a response from Jim Pawell, President of James Publishing, shortly after emailing my complaints. I am happy to report that Mr. Pawell graciously accepted my criticism, and is very open to including opposing viewpoints of representation on his site. I am hopeful that areas that caused me concern will be revised in coming days. I also encourage others to forward suggestions to Mr. Pawell. I truly believe that the goal of James Publishing is to provide a site that is complimentary to the excellent practice guides that they publish. I will continue to explore this site myself and provide feedback that can assist individuals pursuing benefits.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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Luckily, SSA has many services available online. The services are mostly easy to use, but caution is still necessary. Although many activities can be completed online, it is often still necessary to submit paper documents to complete the process.

The following are the most relevant online services for individuals that are pursuing disability benefits from SSA:

• Research Disability Requirements
• Request SSA Benefit Statement
• Check Status of Social Security Disability Claims
• File an Appeal of your Social Security Disability/Supplemental Security Income Denial
• File an Application for Social Security Disability Insurance Benefits

Although SSA has done an excellent job of providing online resources for individuals pursuing disability benefits, it is always recommended to consult an experienced legal respresentative before relying on the information found. SSA does not tailor information on its website to you specifically, and it is possible that information you find may not be accurate based on your unique circumstances.

Researching Requirements of Disability Programs

The SSA Website provides a wealth of details about SSA disability programs. One of the most useful tools is the Benefit Eligibility Screening Tool (BEST). BEST uses details that you provide to help determine which SSA programs, if any, you qualify for. Although this tool normally correctly identifies the programs that individuals may be eligible for, do not assume that the answers are always accurate. If BEST indicates that you do not qualify for benefits, I would still be available to help determine if the information that was provided is accurate.

My favorite part of SSA’s online services, is information that it provides to help you understand SSDI and SSI. An overview of the disability program requirements, application process, and the determination process are provided. There is also a section for Frequently Asked Questions about SSDI and SSI. Most information is general, but it still is a great educational resource. I provide much of the same details found on SSA’s website during an initial consultation appointment, but potential clients often find it helpful to have knowledge of the disability programs before we meet.

Request Social Security Benefit Statement

SSA normally sends a benefit statement to all adults with reported income several months prior to their birthday each year. The Social Security Benefit Statement provides information that is useful in determining eligibility for SSA disability programs. The benefit statement provides estimates of your eligibility amount for various Social Security Programs including disability, and helps an advocate determine whether you have sufficient work credits to qualify for SSDI.

If you have not received a Social Security Benefit Statement recently, SSA allows you to request a benefit statement from its website. It typically takes between 2 to 4 weeks to receive a statement after it is requested. I recommend that all potential clients request a Social Security Benefit Statement prior to applying for benefits. The statement provides the single best way of answering the question, “how much will I receive if I am approved for disability benefits?” If you do not have earnings information available when you meet with me, I am normally unable to answer that question. The Social Security Benefit Statement solves that problem.

There is no hazard of requesting your benefit statement without assistance from a legal representative, and I highly recommend that anyone considering applying for disability benefits request one.

Checking the Status of Your Disability Application

When you apply for SSDI or SSI you are provided with an application confirmation number. This number is provided whether you apply for benefits online or in person at your local SSA office. If you apply in-person, your application number is on your application receipt. When you apply online, the confirmation number is provided when submitting your application.

With an application confirmation number, you are able to check the status of your application through SSA’s website. Typically, the only information provided is that your application is pending. You are not provided with specifics of the process or alerted to problems with the processing of your application.

Although the information provided is not currently very useful, I expect that this will improve in the future. Currently, I warn my clients not to rely on any of the information that is found on the online status page. I have found that several times after an appeal is submitted, SSA’s website has not yet updated the status of the claim. If you are concerned about the information provided when you check on your status, I can work with SSA to obtain accurate information.

File an Appeal Online

SSA allows you to file an appeal of an initial denial or reconsideration denial of SSDI or SSI online. However, there are multiple steps that are necessary to actually complete the appeal. Although an experienced attorney is able process an appeal online without difficulty, an inexperienced individual can easily miss a required step when attempting to file an online appeal. If you fail to accurately complete your appeal, it is possible that you could lose substantial benefits or even eligibility.

I personally use the online appeal process for all my clients. It saves time for SSA because a claims representative does not need to enter all of the information by hand. It saves time for my office because we receive receipts confirming the submission of the appeal and I know the information was entered accurately.

The process is simple if you know what you are doing, but small mistakes can lead to the loss of substantial benefits. Before using the online appeal process, I would highly recommend obtaining the help of a legal representative. If you are unable to obtain help from an attorney, it is in your best interest to appeal in-person at your local SSA office.

Filing an Application for Social Security Disability Insurance Benefits (SSDI)

SSA encourages all individuals applying for SSDI to apply online. By applying online, you save valuable time for claims representatives. Instead of a claims representative having to take 30 to 60 minutes to meet with you to complete application, they simply review the information transmitted from the Internet and make sure that you have completed all steps necessary to apply for benefits. Since SSA resources are limited, online filings assist representatives with handling more claims.

SSA indicates that it takes an average of 30 minutes to complete an online application for SSDI. Although it is not very time consuming to complete, the answers that you provide will have a long-lasting impact on your eligibility for benefits. For individuals that are not well versed in the disability process, several mistakes can be made. Entering the wrong date can cost you several months or years of disability eligibility. Incorrectly providing information can also be considered fraud with criminal implications.

I agree that the online application is great productivity tool for SSA, but I am concerned that individuals can potentially harm themselves by completing an application without the help of an experienced legal representative.

The value of applying in person is that an SSA claims representative is also required to screen your claim for eligibility for other programs. When you apply online, you can currently only file an application for SSDI. Additional steps are necessary in order to complete an SSI application. Failure to apply for SSI can result in loss of potential financial and medical benefits.

I normally use the online application process to complete applications in my office. This allows my staff to review the information being submitted and confirm its accuracy. It is important to note that after you complete an online application on SSA’s website, several additional documents still need to be submitted before your application is actually complete. If you fail to submit all documents, your application may never be processed and you could lose potential benefits and even eligibility. If you need help filing an application for disability benefits, contact my office so I can determine if I can assist you.

Be Careful Using Social Security Online Resources without Help

Although I applaud SSA for embracing technology and using it to be more productive, many risk are involved with the online tools that have been made available. I recommend that individuals strongly consider scheduling a consultation with my office before pursuing Social Security disability benefits or appealing disability denials using the online tools.

The value of the free initial consultation is that there is no obligation when consulting my office for help. SSA Online services are helpful for individuals to educate themselves and obtain general information, but the services introduce inherent risks that were not present when you were required to interact with an SSA claims representative.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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Closing of Your Administrative Hearing Record

Normally you will not receive your decision at your hearing. The ALJ usually explains that a decision will be made and mailed to you shortly after your hearing. If all the evidence has been submitted and no further medical development is necessary, the ALJ will close your administrative record.

As previously discussed in how to prepare for an ALJ Hearing, it is extremely important to submit all of your medical records before your hearing is held. Ideally, the ALJ should always close your record at the conclusion of the hearing. If the record is not closed, further delay in issuing a decision will occur. The following are examples of situations of when the ALJ may determine that your record cannot be closed immediately:

• The ALJ determines that information available from your treating sources does not fully explain your limitations. In this situation, the ALJ may need to schedule you for a consultative examination (CE) at the expense of the Social Security Administration to determine your capabilities. This should only be required in situations where your limitations cannot be determined from the information provided by your treating medical sources.

• The ALJ needs additional information from future medical visits to determine the current status of your medical condition. For example, you have completed chemotherapy and radiation for cancer, but you have not yet seen your oncologist or had follow-up testing to determine if the therapies were successful. In this situation, the ALJ may require documentation from a future medical visit to determine your eligibility.

• You are not receiving treatment for a medical condition. A medical condition is discussed in your medical records or your testimony, but you have not had active treatment for your condition from a medical source. The ALJ has a duty to develop the record and determine the extent of your limitations. If you are not actively receiving treatment for a documented medical condition, the ALJ may need to schedule a consultative examination to determine if the condition has an impact on your ability to perform full-time work.

• Despite your best efforts, your treating physicians have not provided all medical records. You sent out requests for medical records to all your treating sources as soon as your hearing was scheduled, but you have not received responses from all your doctors. You have advised the ALJ of the difficulty in obtaining records, but still think that it is likely that the records will be received in the near future. If the ALJ believes that you will have the ability to obtain the records, and that you made your best efforts to obtain the documentation prior to the hearing, the ALJ may grant you additional time to provide the missing documentation.

• The ALJ discovers an issue that was not identified prior to a hearing that must be resolved prior to issuing a decision. This may be a nonmedical issue that requires further documentation. For example, recent work is identified, and the ALJ needs to determine if this work would disqualify you from receiving continuing disability benefits. The ALJ can ask that additional documentation be provided before your record is closed and a decision is issued.

This is not an exhaustive list of all the possible reasons that a hearing record can be left open, just the most common ones that I have experienced. However, it is always in your best interest to have all of these issues resolved prior to the hearing if possible.

It is likely that the ALJ has spent a substantial time reviewing your file prior to the hearing, and it is usually in your best interest for the ALJ to make a decision as quickly as possible after the hearing closes. If additional evidence needs to be submitted, it is possible that you will not receive the full attention of the ALJ when your file is reviewed at a later time and it will take longer to receive a decision.

Bench Decision

There are rare occasions where the ALJ is able to issue a decision the day of the hearing. These are referred to as bench decisions. The ALJ determines during the hearing that your condition entitles you to benefits and issues an oral decision. The ALJ in these situations can read your decision into the record, and a detailed decision is never issued. Normally within 7 to 10 days after receiving a bench decision, you receive a 2 to 3 page summary from the hearing office indicating that a fully-favorable decision was issued on the day of your hearing and you were approved for benefits.

Why was I scheduled for a supplemental hearing?

If an ALJ discovers a new issue after your initial hearing is held, it is possible that a supplemental hearing can be scheduled. These normally are only held if consultative examinations reveal new facts, or the ALJ discovers that an important issue was not resolved at the original hearing. In my experience, supplemental hearings are only required about 2% of the time.

Although supplemental hearings mean that you will experience an additional delay in receiving your decision (since your record cannot be closed until after the supplemental hearing), it also allows you a chance to provide additional testimony and submit new medical documentation. The only thing that is certain when a supplemental hearing is scheduled is that a decision cannot currently be issued.

There are four possible hearing outcomes.

• Fully Favorable Decision: A fully favorable decision is issued when the ALJ has approved you for the entire period of disability that you have requested. This normally means that you have been approved based on the date you last worked, and that you will receive continuing monthly benefits. However, you can also receive a fully favorable decision if you agree to amend your onset date, or you request benefits for only a period of time that you agree that you were unable to perform work. This type of decision is usually 6 to 10 pages long, and provides an explanation of why the ALJ decided that you are entitled to Social Security Disability/SSI benefits.

• Partially Favorable Decision: The ALJ agrees that you are entitled to disability benefits, but does not grant you benefits for the entire period that you requested. A partially favorable decision can mean that the ALJ determined that you became disabled at a later date, or that you were disabled in the past but regained the ability to perform work. A partially favorable decision is the hardest decision to write and usually is the longest type of decision issued. Partially favorable decisions average between 12 to 20 pages. The ALJ must provide the rationale for why you were disabled for the period of time that you are found to be entitled to benefits, and also provide the rationale for why you were not disabled during the period that you were denied benefits.

• Unfavorable Decision: The ALJ determines that you are not entitled to benefits for any of the period that you requested. This decision normally ranges from 10 to 16 pages. The ALJ will provide the full details of why you do not meet the requirements of the Social Security Disability programs. Any medical opinions provided by your treating physicians should be discussed in an unfavorable decision. The ALJ is required to explain why your doctor’s opinion was not accepted, and why your allegations were not credible.

• Dismissal: The ALJ determines that a medical determination of your disability is not necessary. You are not entitled to benefits, and the only written discussion is why the dismissal is appropriate. Normally dismissals are only issued if you fail to attend your scheduled hearing, you filed a late request for a hearing and the ALJ determines that you did not have good cause, or you voluntarily withdrew your request for a hearing.

How long does it take to receive an ALJ Decision?

In Delaware, most ALJ decisions are issued 30-90 days after the administrative record is closed. However the ALJ has as long as they need to issue a decision. The longest that I have had to wait for a client’s decisions is 13 months. Decisions are normally mailed to you and your attorney on the same day, and the attorney is never supposed to be advised of what the decision is until they receive it in the mail.

• Bench decisions and dismissals are the easiest decisions to issue, so they are normally issued within about a week of the hearing.

• Fully favorable decisions are normally issued within 30-45 days of the record being closed. These are the easiest of the written decisions to issue. Since the ALJ is likely accepting your doctors medical opinion and finding you fully-credible, not as much documentation is necessary.

• Partially favorable and unfavorable decisions are the hardest decisions to write. The ALJ is required to provide detailed discussion of why your treating physician’s medical opinions are being disregarded, and why you are not believable. Since it is likely that these decisions will be appealed, the ALJ must make sure that they have followed all the Social Security Administration rules and regulations so that it is unlikely that their decision will be reversed.

Why does it take so long for the decision?

Decisions are not easy to write. Even though about 75% of the decision includes form language, the remaining 25% is focused on the information in your administrative file. The average written part of the administrative file for my cases is about 350 pages. All of the written documentation and hearing testimony must be summarized in the decision.

Even if you are approved for benefits, the ALJ must explain why your documentation supports that conclusion. Each ALJ is expected to decide about 400-600 cases per year. ALJs usually review your file prior to a hearing, hold a hearing and listen to testimony, decide whether you will be approved for benefits, and then issue the written decision. If your case involves unusual factors, legal research may also be required.

Although ALJs have staff that assist in preparing the case file and issuing your decision, it is still a time consuming process. I normally spend a minimum of 8-10 hours preparing every case before an ALJ hearing. In order to issue the recommended number of decisions per year, an ALJ can only spend about  a day on each claimant. If the ALJ has a full hearing schedule, it does not leave a lot of time to actually issue decisions.

What should I do if I experience a delay in receiving my decision?

The most important advice I can give a client while waiting for a decision, is to be patient. If you are represented by an attorney, you should never communicate directly with the hearing office. The last thing that you want to do is annoy the person that is making a decision on your claim. ALJs are usually very close to their staff, and if the staff complains about you, it is less likely you will be happy with your decision.

I normally do not do anything until after a client has been waiting for 60 or more days for a decision. I receive a monthly report of all my pending cases from my local Office of Disability Adjudication and Review so I am able to determine if any case has been closed and I have not received a decision. If no decision is made in 60 days, I politely ask the ALJ’s assistant if there is any specific issue causing a delay in the decision being issued (for example, the record is not closed). If I discover an issue, I offer assistance in resolving it.

If a decision is still not received within 90 days, and there are no outstanding issues, I send a courtesy letter to the ALJ. I usually make a short argument reminding the ALJ of why I believe my client should be approved, and politely ask if I can provide any additional information to help with the decision process.

I normally warn my clients that it is likely that are going to be denied benefits if they experience a delay of more than 90 days in receiving their decision. Although I hate to annoy ALJs, I usually do become more pushy after 90 days have passed. I will discuss options with my clients and take any additional steps that are required to help obtain a timely decision.

Conclusion

The important thing to remember after the hearing is that hardest part has been completed. You have done everything that you can to establish the severity of your condition, and you have obtained the necessary medical documentation. All you can do after the hearing is wait for the ALJ to take the information that has been provided, process it, and issue a decision.

This article was written by Steven Butler. Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims to residents of Delaware, Maryland, New Jersey and Pennsylvania. To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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The Social Security Administration recently released public use files on its website that provide indicators of productivity of Administrative Law Judges. This data is helpful for claimants that are waiting for a hearing to decide their eligibility for Social Security Disability Insurance (SSDI) and/or Supplemental Security Income (SSI) benefits. Previously, the majority of this information had to be obtained through Freedom of Information Act (FOIA) requests. Included in the data is approval and denial information for every Administrative Law Judge.

The Social Security Administration currently only has information available for Fiscal Year 2010. (Social Security’s fiscal year runs from October 1, 2009 through September 30, 2010.) The approval rate information is current through December 2009. Therefore this information only provides approval and denial rate information for the 1st quarter of Fiscal Year 2010. (Previously, the Oregonian and the Delaware News Journal had both made approval rate information available through FOIA requests.)

The information reveals valuable data for claimants waiting for an Administrative Law Judge Hearing. I have summarized some of the most important information for the Dover Delaware Office of Disability Adjudication and Review (ODAR).

Dover Delaware ODAR Notable Statistics – 1st Quarter Data for Fiscal Year 2010

• Average time for hearing to be scheduled: 9 Months (after ALJ request is filed)
• Average days for ALJ Decision: 292 days (after ALJ request is filed)
• Claims Decided: 641 (total dispositions)
• Claims Pending: 1572

Dover Delaware ODAR – Comparative Data (Nationally decisions were issued from 147 different ODAR offices during the 1st quarter of 2010)

• The Dover Delaware Hearing Office had the 5th highest denial rate of any hearing office.
• 40.64% of individuals were denied for SSDI and/or SSI by Dover ODAR.
• Only three ODAR offices nationally had a lower approval rate than the Dover ODAR.
• 43.84% of claimants were approved for SSDI and/or SSI by Dover ODAR.

Based on the information made available by SSA, the Dover ALJ’s had the following approval rates in the 1^st quarter of Fiscal Year 2010:

Approval Rates for Dover Delaware Office of Disability Adjudication and Review - 1st Quarter FY 2010

About the Numbers

These numbers tell an interesting story.  In my experience it is generally much harder to be approved for benefits by the Dover Delaware hearing office.  Currently there are 5 ALJs in Dover.  Three of the ALJs approved claims well below the national average.  The other two ALJs approved at rates consistent with the national average.  The Dover ALJ with the lowest approval rate approved approximately 31% less people than the national average.  Overall claims were approved 15% less by Dover ODAR than the national average.

I am very happy that the Social Security Administration has started to publish these numbers.  Hopefully this information continues to be updated in the future.

It is important to remember that the averages do not represent your percentage chance of being approved for benefits.

Each case is different, and even though the numbers for Dover ODAR suggest that it is harder to obtain benefits in Delaware, the facts of your individual claim are the best indicator of your success.  Even if you are assigned to an ALJ with a higher approval rate, you must still be able to establish that you meet the Social Security Disability requirements to be found disabled.

I use the information that has been made available to help my clients prepare for their hearings.  The average wait times help my clients plan for the future.  Red flags are raised if it is taking longer for a client to have a hearing scheduled.  The approval rates help me determine the type of information that is necessary to document my client’s condition and also to estimate their chance of success.

An experienced attorney will be able to use the new data that has been made available to better assess likelihood of success and to gauge their personal performance.  It an attorney reviews this information and determines that they are less successful than average with the ALJs that they practice before, they can use this information to improve their performance.  I recommend that individuals review and discuss this information with a legal representative prior to proceeding to a hearing.

Links to Social Security Data

• All Social Security Public Use Data
• Average Wait Time for ALJ Hearing (by ODAR Office)
• ODAR Workload (by ODAR Office)
• Approval & Denial Information for Every ALJ (raw numbers)
• Dispositions per day per ALJ (by ODAR Office)
• Average Processing Time before Disposition (by ODAR Office)
• Hearings by Video Conference versus In-person (by ODAR Office)

This article was written by Steven Butler.  Steven is a partner at Linarducci & Butler, PA and his practice is limited to Social Security Disability/SSI claims. Steven offers free initial consultations for Social Security Disability/SSI claims.  To schedule a consultation with Steven, please use the Linarducci & Butler Contact Form or call 302-613-0707 to schedule an appointment.

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