June 22, 2015
The Social Security disability professionals at Disability Associates in Baltimore, Maryland discuss methods that can help accelerate the disability hearing process.
In a previous article, we discussed how a dire need letter could help expedite the process of arranging a disability hearing. In situations where an individual is at risk for losing their home or is in need of crucial medication, the Office of Adjuctication and Review has the ability to facilitate a more timely hearing. Listed below are some other ways that a claimant can attempt to get a Social Security disability hearing scheduled sooner.
On the Record Review
In some instances, a Social Security disability or SSI case, for which a hearing has been requested, can be accelerated by requesting what is known as an on-the record (OTR) review. In order to do so, the claimant or the claimant’s representative will simply petition that the hearing office review the claimant’s file/record prior to the hearing date.
Often times, disability attorneys or non-attorney representatives may be hesitant to request an OTR review unless a claimant’s condition has significantly worsened. A decline in health should be supported by medical records and with evidence from the claimant and a healthcare professional. For an OTR review to be granted, the medical evidence must be compelling. The goal in requesting an OTR review is that the claimant’s case will be approved without the necessity of waiting for and holding a hearing.
Attorney Advisor Options
If the decision of a Social Security disability hearing is likely to be favorable, a claimant’s advising attorney may request more medical evidence as needed. They may also schedule a conference with the claimant in order to discuss the details of a hearing and in order to acquire more evidence to support a position. Once the attorney advisor has reviewed the additional information in conjunction with the other existing evidence in the claimants file, they have the authority to issue a favorable decision.
If the attorney advisor decides to issue a partially favorable decision in a case, the procedure may change. A partially favorable decision indicates that a claimant will be granted benefits, but they will be initiated on a later date. In some cases, it is in a claimant’s best interest to accept the partially favorable decision, instead of facing the risk that the claim will be denied altogether. Speaking with an experienced disability attorney can help you decide how to handle a partially favorable decision.
If you believe that one of the mentioned scenarios pertains to your case, you may want to consult with an experienced disability attorney to see which option is the most viable for your unique situation. For more information regarding Social Security disability and speeding up the process, contact experienced disability attorney Tracey Pate at Disability Associates in Baltimore, Maryland today.