Social Security Disability: On The Record Appeal and Decision

Thanks Harold for another great video!

HAROLD: Well greetings YouTube subscribers and YouTube friends, I want to talk to you briefly about a policy that the Social Security Administration implemented that I think you need to know about, especially if you’re filing for Social Security disability and have been denied and you are going to have a hearing before an administrative law judge.

The wait time from the time that you’re denied your claim to the time that you appear before an administrative law judge can be a year, up to two years, I mean it’s a long time.

And many of you, many people who are trying to get their disability benefits, are struggling with this process and struggling waiting for the hearing.

If you have compelling new medical documentation, compelling medical information, something to share that’s new or that’s different from when you originally applied, or you want to have another review of your disability claim before it goes to a hearing, there is something called an on-the-record appeal and decision.

It’s called on-the-record appeal and decision. Now, according to Social Security policy, this should be done without the claimant or without a claimant’s attorney asking for this.

And I have a wonderful, wonderful positive feeling about the good folks at the Social Security Administration and with the folks that work at the DDD and the DDS offices across the country, the state offices where these decisions are made.

So I have no beef with the Social Security Administration. However, I’m a kind of person that even though it ought to be “automatic,” I’m still going to ask anyway.

So if you had a Social Security disability claim processed and denied and you’re waiting for a hearing, ask for an on-the-record decision. If you have an attorney, they should ask for it, or you can request it.

Even if you don’t need to, there’s no harm, no foul in asking. It might serve by way of a reminder that “hey, I’ve got some new information. I have some compelling information.”

Let me share a quick story with you about someone I was helping and he’d been denied and I had heard his medical history and I thought, “why had you been denied? What’s going on?”

And he told his doctor, and as a matter of fact, he had been even denied by a hearing judge, an administrative law judge and was now taking his appeal to Baltimore. He told me his doctor temporarily disabled him and did not declare on his paperwork that he was permanently disabled. He could not work and his disability would last for longer than a year and will result in his death.

I said, “Now, there’s a reason you’re being denied.” I said, “You’ve got to sit down with your doctor and find out if this is permanent, and if it is, the doctor has to put that in writing and if the doctor puts that in writing, you’ve got to get that new information to the Social Security Administration for review.”

But that would be an example of compelling medical information that you would want to get before you have an actual hearing before an administrative law judge, and this is part of the policy that was initiated in March 2008 by the Social Security Administration. So it’s called an on-the-record decision.

If you’d like more information about it, you can go to the Social Security Administration website. You can contact the Social Security Administration headquarters. You can contact your State Department of Determination for Disability Services.

But if you can’t find the right person to communicate with regarding this and you or your attorney doesn’t know or can’t help you, in other words, you need more information and you don’t know where to go, e-mail me at harold at bepositiveday.com, or go to my blog www.haroldsays.typepad.com, and actually there is a post about this on-the-record appeal and decision, but I’ll be glad to provide you with any information and help that I can.

Well, I hope this helps you and if you are applying for disability, don’t give up. Please don’t quit if you’re a legitimately, legitimately, permanently disabled and cannot do substantial, gainful activity and cannot do a job, five days a week, eight hours a day, and you just cannot work, hang in there, appeal your claim, if you need to. Do whatever you needed to do, but don’t give up, and be sure, of course, to reach out to me if you need help.

And if you have been denied and are going before an administrative law judge for a hearing, certainly, certainly you want to get a good attorney to represent you.

If you need more information, reach out to me. I’d be glad to help you. Remember, love wins, and I hope you’re enjoying an absolutely, terrifically, positive day today, and I hope your week is a wonderful one.

Again, thanks and bye for now.

Comments

• Settle Tax Debt Fast!

  
  
  

• Recent Comments

  • scotty on How To Claim Your $250 Stimulus Check… Not!
  • Check Cash Advance on Obama Stimulus Package Comes With Tax Credits & Free Cash
  • Kenneth Cole on Free $250 Stimulus Check For Social Security Recipients Who Don’t Work
  • justice on Social Security Increases for 2010 and 2012 Uncertain; Stimulus Check Coming In 2009
  • JUDITH DUNBRACK\ on When will my Social Security Stimulus Check arrive?

• Tags

  $250 ALLSUP Baby Boomers Barack Obama Benefits Check COLA Congress death index Disability FAQ Fraud Free Money Future Health Care History Investing Job Lawyers Medicaid Medicare NCPSSM Obama Poll Privatization Recovery Reform Retirement Retirement Age Scam Social Security Social Security Number Social Security Reform Social Security Trust Fund ss SS Card SSI SSN Stimulus Stimulus Check Stimulus Payment Surplus Taxes Trust Fund Work

• Get Foreclosure Help