Ways To Get Your Disability Benefits Before the Hearing, By Andrew N. Egan

author by Andrew N. Egan on Apr. 23, 2014

Government Social Security 

Summary: It might take years, from the date you apply, for you to receive your disability benefits. Any opportunity to speed up the process should be seized. You may not have to wait for your ALJ (Administrative Law Judge) Hearing to get your benefits.

It might take years, from the date you apply, for you to receive your disability benefits.  Any opportunity to speed up the process should be seized.  You may not have to wait for your ALJ (Administrative Law Judge) Hearing to get your benefits.  An ALJ or an Attorney Advisor (an SSA attorney) can sometimes approve your benefits based on the submitted evidence after an On-The-Record Decision Request, or an Attorney Advisor Pre-Hearing Review.

It is important to keep your (and your representative’s) credibility, so only request an On-The-Record Decision Request or an Attorney Advisor Pre-Hearing Review if there is a credible argument for approval based on the record.  For example, an On-The-Record Decision Request or an Attorney Advisor Pre-Hearing Review might be appropriate if there is newly submitted evidence.  You should definitely request an early review if you are eligible based on the SSA ‘grid rules’, or under the Code of Federal Regulations (Example: ‘Worn Out Worker’ rule – Code of Federal Regulations (20 C.F.R. §§ 404.1562, 416.962))

Here is an example of some of the information I would include in a MEMORANDUM IN SUPPORT OF BENEFITS AND REQUEST FOR AN ON-THE-RECORD DECISION OR ATTORNEY ADVISER REVIEW.  (Each case is different.  One of the advantages of having an experienced disability attorney is that he/she can write a legal brief for your specific case.)

Office of Disability Adjudication and Review

RE:     Applicant

SSN:    000-00-0000

Honorable Judge:

I represent ______________ in his/her Title II disability claim.  To date, _______________’s claim has not been scheduled for hearing.

The alleged onset date of disability is ________, 2012.  Mr. _____’s date last insured is __________2016.

Based on the submitted medical evidence, medical opinions, and this accompanying brief, I respectfully request that your Honor grant a fully favorable Title II decision for Mr. __________.

Educational and Vocational Background

  1. List the Educational Background.
  2. List the Past relevant work.
  3. Explain how Mr. ______ has been unable to engage in any form of substantial gainful activity since his alleged onset date.
  4. If the earnings records reflect income, explain with as much detail as possible.

Severe Impairments and Medical Evidence

  1. Does the objective medical evidence and opinion evidence support the claimant’s inability to perform a full range of sedentary work activity?
  2. Explain.  (The claimant has been diagnosed with ____________in (Date).  The claimant was able to return to work after the surgery; however, by (Date), the claimant’s neck pain had progressed …  The medical records also document diagnoses of ______________.
  3. Explain, based on the submitted medical evidence and medical opinions, the claimant’s ability to sit, stand, and walk in an eight (8) hour day.
  4. SSA will often have a CE (Consultative Examiner), a doctor, examine the applicant.  Their opinions often (usually) don’t agree with the applicant’s treating doctors.  Explain why the treating doctor’s opinion is credible and controlling.When the CE and treating physicians do agree, highlight those opinions … Consultative examiner _________, M.D., stated that based on her clinical exam findings and on her review of medical records, the claimant is unable to perform a full range of sedentary work activity.  More specifically, he can lift/carry ten pounds but “never to rarely” lift/carry twenty pounds, can stand/walk/sit a combined total of four hours during an eight-hour workday, can “never to rarely” reach, and can only occasionally stoop and kneel.  These limitations are due to ________ and pain following surgery and ______________.

Past Relevant Work

As stated above, the claimant’s past work is as a __________________.  Although the record contains little vocational analysis, it is reasonable to conclude that these jobs require at least a full range of sedentary exertional work activity.  Based on the consultative examiner’s opinion, we contend that the claimant is unable to perform any past relevant work.

Disabled at Step 5 of the Evaluation

The objective medical evidence and opinion evidence support the claimant’s inability to perform a full range of sedentary work activity.  Therefore, we contend that the claimant is disabled under Grid Rule 201.14.

Conclusion

We respectfully request that your Honor review the medical evidence of record and grant a fully favorable Title II decision for Mr. _____________.

Respectfully submitted,

Andrew N. Egan

Social Security Disability Attorney

(Again, there will be other information to include.  Please contact me if you wish to discuss your particular case.)

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