Deadlines for Social Security Disability Appeals
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by: albert.tobega
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Q: Are there any set time limits within which a decision on a social security disability claim has to be made?
A: An initial decision on a social security disability claim does not have to be made in accordance with a set timeline. That being said, a decision on an application under initial review usually takes 3 or 4 months. And although there are no deadlines for the initial review process, there are strict deadlines for reconsideration and appeals for hearings. If you miss deadlines for social security disability appeals, it can affect your claim. In some cases, you may have to start at step one all over again. If your case was not approved after the initial review process and you plan to appeal, you must file it within 60 days of the date of your denial. And simply putting it in the mailbox on the 60th day will not cut it. Social Security needs to have the appeal on record by that 60 day limit. You are given a grace period to account for the time it takes to send something in the mail. You should not, however, put your case at risk by cutting a deadline too close. The safest plan is to file your request for appeal right after you were notified of denial.
Q: Is it possible to speed up the date for your social security disability case hearing?
A: It can be tricky to try to speed up the hearing process for your claim. But you can do a couple things to try. If your financial circumstances are putting you in a difficult situation and you are in jeopardy of losing your home or medical care, you can send a letter of dire need to the office handling your hearing. Supporting documentation demonstrating your dire situation should accompany the letter. Things like copies of late notices and eviction letters will support your plea. The hearing office will then decide if your claim should be accelerated. Another option is to request an on the record review of your case. This is simply when the hearing office reviews your case before the scheduled hearing. Most experts do not recommend an OTR review, unless the medical condition or injury of the claimant has worsened. The last option to try to have your social security disability case expedited is to contact your Senator or Congressman. If you plan on trying to expedite the hearing process for your case, it would be wise to contact a social security attorney.
Q: Why would there be a witness for a social security disability claim during the hearing process?
A: Disability cases are decided based on medical evidence. It is up to the discretion of each individual judge as to whether witness testimony will actually be heard for a claim. Expert witnesses presenting medical and employment background are often utilized in hearings.
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