"How To Win Your
Disability Claim!"
(Lesson 6 - Why It Takes So
Friggin' Long!)
Dear
Why does it take so friggin' long to win a case?
Believe it or not on average, from start to
finish, the typical Social Security Disability case can take as long as
18 months to 2 years. Mr Ginsberg recently read a report from the
federal government General Accounting Office which reports that an
average case from start to final appeal can last over three years - and
during those three years, Social Security employees actually work on the
file a grand total of 7 days.
7 days in three years - can you believe it!?
Here is a sample time frame taken from a case Mr Ginsberg tried a few
years ago:
January 1, 2000 - Claimant files application by calling or writing
January 10, 2000 - Social Security acknowledges receipt of application
and schedules a phone or office interview.
January 25, 2000 - Social Security intake clerk takes down information
contained in formal Application for Benefits Form SSA-16-F6).
February 1 - March 30, 2000 - DAS claims processor sends form requests
for medical records to all doctors and hospitals listed on Form
SSA-16-F6. The claims processor may also send you a Disability Report
(Form SSA-3368-BK) and a Work History Report (Form SSA-3369-BK).
April 1 - 15, 2000 - DAS claims processor collects, organizes and
reviews medical records, Disability Report and Work History Report.
Adjudicator will also send your file to staff physician and/or staff
psychologist for review.
[If evidence supports a favorable decision, claimant is notified and
claim is sent for payment processing.]
April 25, 2000 - Claims processor issues a form based denial notice.
You have 60 days to appeal.
June 1, 2000 - you file your appeal (Request for Reconsideration form
SSA-561-U2 and Reconsideration Disability Report form SSA-3441-F6).
June 10, 2000 - DAS acknowledges claim
June 15, 2000 - DAS claims processor reviews Reconsideration Disability
Report and sends out form requests for updated medical information and
records from any new physicians. If mental health or physical
consultative exams are called for, the claims processor will schedule
appointment and send you an appointment notice
letter.
June 20, 2000 - DAS claims processor sends you Daily Living
Questionnaire and will request statement from a person who knows you.
August 1, 2000 - Claims processor organizes file, reviews it and takes
it to an in-house physician/psychologist for review.
[If evidence supports a favorable decision, claimant is notified and
claim is sent for payment processing.]
August 15, 2000 - Claims processor issues a form based reconsideration
denial notice. You have 60 days to appeal.
September 15, 2000 - you file Request for Hearing (form HA-501-U5) and
Claimant's Statement when Request for Hearing is Filed and the Issue is
Disability (form HA-4486).
September 30, 2000 - Social Security office issues confirmation of
receipt of hearing request.
November 1, 2000 - your claims file is physically moved from the DAS to
the Office of Hearings and Appeals (OHA).
June 15, 2000 - OHA personnel unpack file and begin to organize it.
August 1, 2001 - OHA finishes working up file and sends notice to you
(and your attorney) that file is ready to be reviewed.
September 1, 2001 - Case is assigned to a Judge and a hearing notice is
issued for hearing on October 15, 2002.
October 15, 2002 - case is called by Administrative Law Judge
March 1, 2002 - Judge issues decision.
That's over two years, if you were counting. And, unfortunately, this
type of delay is more and more common.
What can you do about it? As a start, you need
to do everything in your power to make sure that your file is kept up to
date. That means you need to keep a current list of all of your doctors
- with contact information and a current list of your medications.
The information offered in The
Disability Answer Guide has helped a number of people win an
early decision because I firmly believe that if you make it easy for the
Social Security employee, your chances improve.
Remember, Social Security speaks its own language.
So, whether or not you order my book, remember to focus on the
vocational (work) limitations that arise from your medical condition.
Also remember to be very specific - a statement that I can't walk very
far and my legs hurt a lot - means nothing. A statement where you
report that 'I can walk no more than 30 yards before I have to sit down
and my leg pain is a sharp shooting pain from my hip to my feet that
feels like an 8 on a 10 point scale' does mean something to Social
Security.
And finally, as a last
resort, if you desperately need to have your case decided, call your
Senator's office. Every U.S. Senator has an employee who spends
most of her time helping constituents deal with the Social Security
Administration. Many of the cases deal with retirement or missing check
issues, but these Senate staffers can sometimes cut through the red tape
to get you a quick hearing.
That's it for today - tomorrow, I'll explain
what Social Security lawyers do and how you can decide whether it is
necessary to retain counsel in your case.
The
Disability Answer Guide is the comprehensive, step by step, Plain
English instruction manual you need to help you apply for and win your
case. You'll discover real-life examples of over 100 pages of
Social Security forms you'll be dealing with before, during, and after
being processed through the disability system.
Each form is filled out with sample answers for you to copy and modify.
If you are in pain or have trouble concentrating, this will save you
time and stress and eliminate a lot of frustration.
Sincerely,
Brian Therrien
PS - Be sure to put "Brian@TheDisabilityDigest.com"
in your address
book you don't miss ANY of these critical messages.
PSS. To
Learn If an Attorney can Help You Win Your Claim Click Here
PPS - All
Lessons and Audios Click Here
|
