There’s not a solid formula that determines which cases will and which will not reach the federal level. One in 10 appeals might be qualified to go to that level, but several factors will come into play. For example, it will have to be considered whether or not the claimant has done everything their doctors have told them to, what their work history is like, and whether there is a history of criminal activity or addiction issues. This is not to say that claimants must behave perfectly, but there are some circumstances that might compel a judge at the federal level to reject an appeal.
What Is The Statute Of Limitations To File A Federal SSD Claim?
The statute of limitations to file a federal SSD claim is 60 days from the date of the denial.
Is There Anyway To Shorten The Process At The Earlier Levels Before A Hearing?
An attorney may be able to shorten the process at the earlier levels before a hearing occurs. If a case is at the initial or reconsideration level, then an attorney will know who the disability examiner is, and will, therefore, be able to send them the necessary medical documents. In other words, if a client has a supportive doctor, then they may not have to wait until a hearing to send all of the relevant medical information. However, obtaining all of the evidence can be complicated because there is no access to the actual file before the hearing request is filed. At that point, the claimant would just be going on the newest information and what they assume the disability examiner does not have. A barcode will be given to the claimant so that they can submit documents electronically, which can help ensure that the disability examiner has access to all of the claimant’s records. However, a claimant may not have the ability to submit these documents electronically without an attorney, which is just another reason why it is helpful to have the assistance of an attorney. So, while it is rare, the process can sometimes benefit can be awarded at the earlier levels before a hearing has occurred.
For more information on Expediting The SSD Appeal Process, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (214) 373-3761 today.
by Paul B. Burkhalter Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law.