Sunday, December 2, 2012

EARLY EVIDENCE GETS EARLY REVIEW!

There is usually a wait of several months to obtain a hearing after a Social Security disability appeal is filed.  However, there are plenty of reasons to submit all your evidence in the case as early as possible.

I recently appealed a Social Security decision and asked for a hearing.  I filed the request for hearing in September in the routine manner.  In December the case was reviewed and approved without a hearing.  The appeal was thus resolved in less than 90 days and my client received checks before Christmas! 

It doesn't always happen that way, obviously, but when there is plenty of evidence, it is always best if you can submit it right away.  In fact, I find there are at least two advantages to submitting medical evidence early:

One, it provides a more likely opportunity for an early review of the case.  Two, it gives the representative or attorney an opportunity to write a thorough brief for the Office of Disability Adjudication and Review (ODAR).

Incidentally, this also points out how unfavorable decisions are often bad decisions to start with.  When ODAR can review a claim that was denied and approve it within 90 days, it was a poor decision to begin with.  So, never accept the first denial.  Appeal - always. 

A final but vital tip:  Always try to get a Medical Source Statement (MSS) from your doctor.  This is a special form that lists specific functional limitations--such as restrictions in sitting, standing/walking, lifting, bending, etc.  It is up to the claimant or his representative to obtain this form.  Social Security will not try to obtain it for you.  The MSS can provide an excellent basis to ask for an early review of your claim.

Often, the early bird gets the.....review!

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