Is It Possible to Have a Ssdi Otr Review Without Asking for One
In General
i.01 Be familiar with and follow the rules of acquit and standards of responsibility for representatives.
All claimants' representatives should be familiar with, and follow, the rules set up along at 20 CFR 404.1740 and 416.1540. These rules identify both the affirmative duties of a representative and the prohibited deportment. Come across also Hearings, Appeals, and Litigation Law (HALLEX) Manual I-1-one-40.
i.02 Obtain as much information as possible from our website.
This practice is a general dominion for all dealings with the Social Security Administration (SSA). At the hearing level, the bulk of claimants are represented, and we encourage our employees to cooperate every bit much as possible with requests for information or help from representatives. Every personal asking for information from hearing office personnel, all the same, diverts an employee from performing other hearing-related tasks. The time saved when representatives obtain information from the website tin mean thousands of saved hours that tin exist devoted to treatment other hearing related tasks. Additional information is available on SSA's website for representatives.
one.03 Submit all necessary forms timely and properly.
This do should include forms SSA-1696 (Claimant's Appointment of a Representative) and SSA-827 (Authorization to Disclose Information to SSA), besides equally any fee understanding. If applicable, obtain and submit withdrawals and waivers from prior representatives to avoid possible delay in payment.
1.04 Establish and maintain a good working relationship with hearing function staff and direction.
Participate in periodic group meetings with the Hearing Role Principal Administrative Law Guess and Hearing Role Director in the offices in which y'all practice, and any group meetings scheduled by the Regional Chief Authoritative Law Judge in regions in which yous practice. Open up dialogue allows both representatives and the bureau to exchange suggestions for improving service in the local expanse.
1.05 Provide timely notification to the hearing role of whatever change of accost or telephone number for either yourself or the claimant.
This do ensures that claimants and representatives receive timely notifications and limits the potential for a non-appearance at a scheduled hearing.
1.06 When withdrawing representation, provide sufficient written notice to the claimant as well equally to the hearing office.
If you make up one's mind to withdraw as a representative, please notify the hearing office and claimant every bit far in accelerate of the hearing appointment as possible. Run across xx CFR 404.1740 and 416.1540. If y'all withdraw after a hearing is scheduled you may be in violation of the rules of acquit and standards of responsibleness unless you can bear witness that withdrawal is necessary due to boggling circumstances.
one.07 Ensure a fee agreement or a fee petition is consistent with Social Security law and policy.
Nosotros presume representatives will charge a fee for their services. See Social Security Human activity §§ 206(a) and (b), 1631(d)(2); 20 CFR 404.1700 et seq. and 416.1500 et seq.; and HALLEX I-i-ii. If you intend to waive either your fee or the direct payment of your fees, you must submit advisable documentation. Encounter 20 CFR 404.1720 and 416.1520.
one.08 If the claimant decides to withdraw his or her request for hearing, provide timely and sufficient written notice of the withdrawal request to the hearing office.
Notifying the hearing office in a timely fashion, and preferably equally far in advance of the hearing date every bit possible, increases the likelihood that another hearing can be scheduled during that time. This notification helps expedite the scheduling of hearings for other claimants, including those you stand for.
Prior to an Authoritative Law Judge Hearing
Under xx CFR 404.935 and 416.1435, all claimants take a duty to inform us nigh or submit boosted written prove or a summary of the evidence no later than five business days before the date of the scheduled hearing. Therefore, nosotros encourage all representatives to review the file and submit evidence every bit early in the hearing process as possible. Master representatives who take registered for the Appointed Representative Services (ARS) system and who request eFolder access can view and download documents in Sections A, B, D, Eastward, and F of the case documents and exhibit list tabs of their clients' certified electronic folders (CEF) and can access whatever digital hearing recordings. Principal appointed representatives requesting direct fee payment must access and obtain copies of the claimant'due south CEF through ARS, and as of November iv, 2020, must submit evidence electronically through ERE, ARS, or iAppeals. Secondary representatives associated with the principal representative using the same Employer Identification Number must adjust to obtain copies of the CEF from the main representative. Hearing office and Appeals Quango staff will no longer provide compact disc copies of the claimant's CEF, except in express circumstances. See HALLEX I-five-i-22.
Submitting Show
2.01 Submit or inform us virtually all known evidence relating to whether the claimant is disabled.
A claimant and representative must inform united states of america most or submit all known evidence that relates to whether the claimant is disabled, subject area to two narrow exceptions for privileged communications (oral and written communications that fall nether the attorney piece of work-production doctrine). However, neither the chaser-client privilege nor the attorney work-product doctrine permit withholding of factual data, medical opinions, or other medical evidence that we may consider in determining whether or not a claimant is entitled to benefits. Run across twenty CFR 404.1513(b) and 416.913(b). Failure to comply with the rules of conduct may lead to sanctions confronting a representative.
A representative may inquire the hearing office for assist in obtaining existing medical show from a medical source afterwards he or she has made a good faith effort to obtain that evidence, or when the representative is unable to obtain the evidence for reasons beyond his or her command. See HALLEX I-2-five-fourteen. These requests for assistance should be submitted no later than 30 days before the hearing to permit fourth dimension for the hearing office to asking and receive the evidence in time. Failure to do so could result in case processing delays.
2.02 Practise not submit duplicative or illegible evidence.
Agency regulations crave claimants and representatives to submit all evidence that relates to the claimant'southward disability claim received from any source in its entirety, unless the same evidence was previously submitted to the Agency. Meet 20 CFR 404.1512(a) and 416.912(a).
Agency regulations too crave the claimant'southward representative to help the claimant obtain the information or evidence that we require the claimant to submit under our regulations. Meet twenty CFR 404.1740(b) and 416.1540(b). Submitting duplicative or illegible show significantly delays preparation of cases for hearing. Hearing part staff oftentimes spend several hours on whatsoever given case sorting out duplicate evidence. The sooner a instance is prepared and exhibited, the sooner the hearing role can schedule the case. If a document is not readable because it is illegible or a poor re-create, provide a typed and legible version or a clearer copy, when possible. Representatives can utilize ARS to ensure that evidence is not duplicative before submitting it.
2.03 Submit show as far in advance of the hearing as possible, using ARS.
Representatives should provide sufficient fourth dimension for hearing office staff to acquaintance the show with the file. Please submit testify via ARS more than xv business days before the hearing, as this practice allows hearing office personnel to showroom the evidence and ensures that the claimant's copy of the file includes a copy of all the show that has been received. It as well gives the ALJ time to review all the evidence and helps to ensure that all relevant evidence is timely provided to experts scheduled to appear at a hearing. As noted above, the regulations provide that testify must exist submitted no later than five business days earlier the hearing, absent a showing of expert cause for not adhering to this timeframe
two.04 Practice not submit voluminous records equally one document.
Up to 200 pages at one time can be faxed into the electronic folder using the fax number and barcode supplied with the Acquittance of Hearing notice. However, we recommend smaller submissions, when possible, and submitting evidence via ARS rather than faxing. Instead of submitting new evidence into the tape as i large showroom, separate the testify into separate exhibits containing the records from a single medical source, preferably less than 30 pages, for ease of processing and identification. This do assists hearing office staff in reviewing the evidence for duplicates and exhibiting the records.
2.05 Before submitting evidence, bank check to ensure the evidence submitted belongs to the claimant.
This uncomplicated precaution significantly reduces the fourth dimension hearing offices spend contacting representatives and re-associating evidence with the appropriate file, and avoids whatever potential loss of Personally Identifiable Information.
2.06 Submit prove via ERE, ARS, or iAppeals when required/possible.
Appointed representatives are required to use ERE, ARS, or iAppeals, as bachelor, to submit testify electronically in claims for disability insurance benefits under title 2 of the Act and claims for SSI payments based on disability under title Xvi of the Act, for which: (1) the representative requests straight fee payment, (2) the claim or case has an electronic binder, and (3) the merits is pending at OHO or the Appeals Council.
Although we do non require it, nosotros also strongly encourage representatives who are not requesting direct payment to submit prove electronically. Registered representatives with a recognized observe of date in a instance should continue to use the "Upload New File" role in ARS to upload documents to the claimant's electronic folder. This process does not require a barcode. Alternatively, representatives can as well submit documents with a barcode using the "Send Individual Response" function in ARS and Electronic Records Limited (ERE).
If yous are not required to submit evidence electronically or are not registered for ARS, and you must submit bear witness via fax, separate dissimilar sources by placing a barcode equally the start certificate for each source and submit in chronological guild. If submitting prove by fax, be certain y'all are using the office's efax number. The efax generates an electronic re-create of the document and routes it to the designated e-mail box associated with a specific hearing function. The efax number is cost-free, with surface area code "833" assigned to the servicing hearing office.
Submitting evidence separately past source is the almost effective mode to aid the hearing part in completing a timely and accurate review of the tape. This allows the hearing office to acquaintance new evidence with any previous medical or opinion prove from the same source, and helps the hearing function to review the claimant'due south case faster. Organizing records by engagement of medical service, oldest to newest, besides assists the hearing office in quickly and accurately reviewing the claimant'south course of treatment with a particular source. This practice besides assists hearing office staff with reviewing the show for duplicates and in exhibiting the records.
Ensure that the barcode is the offset item faxed in club to ensure proper identification of all records. If yous do not have a barcode for a particular case, delight inquire the hearing role to provide you with 1. Barcodes may be photocopied and used more once, but only for the aforementioned claimant.
2.07 Submit a cover letter with the evidence identifying what is beingness submitted and the dates of the bear witness.
Submitting evidence with a cover alphabetic character and the dates of the bear witness will aid hearing office staff in identifying duplicates and exhibiting the records. Clearly label newly submitted testify with the source's name, dates covered, and number of pages. For example: Attachment A – records from Mercy General Hospital, Topeka, KS, for the period 1/2017 through half dozen/2018, 16 pages; Attachment B – records from treating physician John Smith, One thousand.D., Topeka, KS, for the catamenia 12/2019 through 1/2020, 5 pages.
2.08 Practise not submit medical evidence with non-medical evidence documents, such as date of representative forms or fee agreements.
As these documents are exhibited in dissimilar sections of the tape, it requires more time to carve up documents if they are submitted together.
2.09 Submit requests for a subpoena only after you lot have exhausted good religion, reasonable efforts to obtain the show and ensure that the request meets all of the requirements.
Our regulations require all amendment requests to be submitted no afterward than 10 business organisation days prior to the engagement of the scheduled hearing, unless yous demonstrate good cause for a late request. See twenty CFR 404.950(d) and 416.1450(d) and HALLEX I-2-5-78 for requirements for amendment requests. Please note that a subpoena will just be issued if you have met all of those requirements, including compliance with the timeframe for submitting a request, and afterwards you lot have made good religion, reasonable efforts to obtain the testify without a subpoena.
Pre-hearing Brief
2.10 Accost employment (substantial gainful activeness, unsuccessful piece of work attempts, sheltered work environments, etc.) and earnings problems in a pre-hearing brief or at the hearing.
Exist sure to distinguish short or long-term inability, vacation, or bonus pay, which may appear equally earnings later declared onset.
2.11 Accost workers' compensation issues in a pre-hearing brief or at the hearing.
If in that location has been a settlement, provide advisable proof.
2.12 Submit timely and curtailed pre-hearing briefs whenever possible.
This practice assists an ALJ in preparing for the hearing and focusing on the issues or arguments you wish to enhance. Pre-hearing briefs are about effective when they identify specific testify supporting a finding of disability. Any pre-hearing written statements are required to be submitted no later than v business days before the date set for the hearing, absent a showing of good cause, per xx CFR 404.949 and 416.1449.
Submitting On-The-Record (OTR) Determination Requests
2.thirteen Clearly characterization an OTR determination request "OTR Decision Asking" and submit as early on as possible (but only when a request is advisable).
OTR decision requests are not appropriate in every case, and yous should just asking an OTR decision when the evidence in the tape unequivocally supports a favorable outcome.
2.14 Identify evidence that supports the OTR Decision.
OTR decision requests should include a concise summary at the get-go of the brief outlining the argument, followed by a more detailed caption specifically directing the reviewer's attention to evidence supporting a favorable decision.
ii.15 Make sure the show supports the alleged onset engagement.
Onset issues are one of the most frequent reasons an OTR decision request cannot be granted.
ii.sixteen When contacted, work with attorney advisors to expedite decisions.
Attorney advisors may review and screen cases for an OTR conclusion, and some senior attorney advisors take the authority to consequence a fully favorable OTR decision when it is warranted. If you are contacted past an attorney advisor regarding substantial gainful activity or onset issues in a particular instance, discuss the matter with the chaser advisor to come across if the issue can be resolved without a hearing.
ii.17 Submit updated show with an OTR decision request.
With updated bear witness, we may exist able to issue a fully favorable decision without a hearing, which saves time and resource for both the claimant and the hearing office.
Submitting Dire Need and Terminal Disease Requests, or
Information Regarding Incarcerated Individuals
two.18 Notify the hearing part when the claimant has a final status, is homeless, or in dire demand. Include appropriate documentation supporting these allegations.
If the allegation is supported, notifying a hearing function of these circumstances can expedite the processing of a case. You lot must provide sufficient documentation to support the request. The criteria for critical case processing are located in HALLEX I-2-i-40.
ii.19 If the claimant is incarcerated, know our procedures and continue the hearing office informed.
It is very of import that the hearing office be apprised of the status of an incarcerated claimant and the anticipated duration of the incarceration.
Scheduling, logistical and other issues arise when a claimant is incarcerated. These may include the manner of appearance available at the correctional facility and scheduling a consultative test. Every bit stated in HALLEX I-ii-3-10, a claimant's solitude in a prison or other establishment may require an ALJ to schedule the hearing at the place of confinement, by video teleconferencing (VTC), or by telephone when neither an in-person nor video hearing is possible
Scheduling Hearings
2.20 Provide scheduling availability.
Hearings crave the participation of numerous individuals. In add-on to the ALJ, the claimant, the hearing reporter, and the representative, others participating may include one or more good witnesses, other witnesses, and an interpreter. As requested by the hearing role, National Hearing Center, or Key Scheduling Unit, please provide your scheduling availability to ease the scheduling procedure for all involved.
ii.21 Practice not request postponements unless essential.
Be flexible when providing dates and times for hearings, and timely request postponements in writing whenever possible. When you have already agreed to the time of a scheduled hearing, avert requesting a postponement for a disharmonize that arises later.
2.22 Consider appearing at the hearing by VTC.
*During the COVID-19 pandemic, we encourage representatives and claimants to appear by telephone or online video hearings.
Nosotros encourage you lot to appear at hearings by VTC. When a hearing is held by VTC, the claimant and his or her representative may announced at a field office or hearing office, equally directed past the agency. A claimant may also announced at his or her representative'south office, if the representative has signed upwardly for the Representative Video Projection (RVP). RVP allows a claimant and his or her representative to announced at the hearing from the representative's role using the representative's video equipment if it has been certified past SSA'south Office of Systems. More data can be institute in this Representative Video Project (RVP) Fact Sheet and in our Electronic Services For Appointed Representatives (Publication lxx-070). In addition, please see the Publication 70-067, "Your Guide to Social Security Disability Video Hearings", which discusses the advantages of having a hearing by VTC.
2.23 When representing a kid, accept an adult available to intendance for the child during the entirety of the hearing.
Remind claimants that the child needs to be nowadays for the hearing unless directed otherwise by the ALJ. However, a child claimant may not be able, or required, to remain present in the hearing room for the entire hearing. An developed must be present to care for the child outside of the hearing room. SSA staff will not provide care for the child.
2.24 Notify the hearing part in advance if whatever special adaptation or assistance is needed.
The agency will provide an interpreter free of charge if a claimant has difficulty understanding or communicating in English. However, interpreters for some languages are more difficult to obtain. Please ensure that the request is submitted as far in accelerate as possible. Additionally, under Section 504 of the Rehabilitation Act, other accommodations may be possible to ensure that claimants are able to fully participate in their hearings. Make such requests as far in advance of the hearing as possible. For more information, see HALLEX I-2-0-8.
After an Authoritative Law Judge Hearing
3.01 If yous are permitted to submit postal service-hearing bear witness past an ALJ, yous must do so within the time catamenia allotted by the ALJ. Delight submit the evidence as soon as possible and include a written brief or letter identifying how the evidence supports a favorable decision.
This do will aid the ALJ in reviewing the records and appropriately focus attention on the data supporting your arguments, resulting in the issuance of a timely decision. If yous are unable to submit evidence within the time catamenia allotted past the ALJ, timely propose the hearing office of the circumstances, including whether you are requesting additional fourth dimension, or if you need our assistance in obtaining the evidence (see data in 2.03). If you did not inform the hearing function about the evidence or you submitted it less than v business organisation days prior to the date set for the hearing, and you did non address the effect at the hearing, include a argument with the prove providing an explanation regarding the reasons for your actions. This increases the likelihood that the ALJ volition accept the evidence nether the skilful cause provisions of twenty CFR 404.935(b) and 416.1435(b).
3.02 Submit fee petitions within sixty days of a decision or equally shortly every bit possible after your services have been terminated or withdrawn.
Submitting fee documents within this period will have a significant impact on the fourth dimension a representative waits for payment. This practice reduces the number of follow-ups necessary to determine if a fee petition will exist submitted, allowing the ALJ to act on the fee potency at an earlier date. Information technology reduces the likelihood that funds withheld for straight payment will be released to the claimant, and reduces the expect time if administrative review of an authorized fee is requested.
Deportment Before the Appeals Quango
Requests for Review
iv.01 How to ask for Appeals Council review.
You must ask for an Appeals Quango (Ac) review within lx-days of receiving your hearing determination. We provide three means to request an Air conditioning review equally described beneath. Delight employ merely i of these methods. Use of multiple methods is unnecessary and may result in filibuster.
-
iAppeal Online Appeals Application
The Ac Request for Review link below will take you to our Getting Set Webpage that provides helpful information earlier you lot commencement your online appeal. This is the preferred method for filing an entreatment.
Appeals Quango Request for Review
(iAppeals i520) -
Download Request for Hearing Review/Order
Prior to completing the appeal form, you should expect over our instructions at Request for Review of Hearing Conclusion/Order. You tin and so fill-in the HA-520, Request for Review of Hearing Decision/Society Form; print/save the file and return it to united states of america. You should transport it directly to:
Appeals Quango, SSA/OARO
5107 Leesburg Pike
Falls Church building, VA 22041-3255Instructions: Request for Review of Hearing Decision/Order
Download Fillable Form: HA-520 -
Contact The states
You tin also file an appeal by contacting your local Social Security part, local hearing office, or by calling our toll-free phone number (1-800-772-1213) (TTY one-800-325-0778) and filling out a asking for review class.
4.02 Preferred method and annotation for submitting a request for review.
The preferred method to file an entreatment of an Administrative Law Guess decision or dismissal is through the secure online procedure (iAppeals i520), available at https://www.ssa.gov/benefits/disability/appeal.html.
If you must submit an appeal via paper, this Appointed Representative Guide to Requesting Appeals Council Review chart describes the iii methods to submit it to the Appeals Quango.
Using any other method, including submission by Electronic Records Express or by fax with a barcode, tin can crusade meaning delays in processing because Ac staff does non receive an alert that a request was filed.
4.03 Candor and truthfulness is necessary in any submission to the AC, including the request for review.
Please note that submissions to the AC, including the request for review, additional arguments, and any additional show, are governed past 18 USC §§ 1001 and 1621. These statutes, as well every bit our regulations, require representatives to be forthright in their dealings with us and prohibit a representative from knowingly making faux or misleading oral or written statements, assertions, or representations to usa almost a cloth fact or law (20 CFR 404.1740 and 416.1540).
Requesting Critical/Terminal Disease (TERI) Case Status
4.04 If a claimant's case is disquisitional, permit usa know when you file the request for review.
If you believe a claimant's case qualifies for expedited processing under our critical case procedures at HALLEX I-3-1-five, clearly state this in the request for review. Betoken to or provide bear witness to support your request. You lot can follow up on the request past calling the Claimant and Public Assistance Branch (CPAB) at (877) 670-2722.
iv.05 If you later learn that a claimant'south situation is critical, contact united states of america immediately.
If a claimant's medical or financial situation becomes critical later you accept already filed the asking for review, fax a brief statement and supporting documents to CPAB staff at (888) 763-0405. You can besides contact the CPAB staff past phone at (877) 670-2722. A specialist on the CPAB staff will evaluate the claimant's state of affairs under HALLEX I-3-ane-five and take appropriate action.
Procedural Requests
4.06 If you lot are requesting a copy of the record, submit a articulate asking.
If yous wish to receive a re-create of the exhibits or hearing recording in a case, please clearly state this asking at the outset of your correspondence to facilitate back up staff screening and action on your request. The Air-conditioning will generally not send copies of a hearing recording or merits(s) file textile if y'all are registered for online access to the electronic folder. Upon request, the AC will grant you a 25-day extension of time (EOT) and will include two AC level barcodes that you can utilize to submit additional testify or arguments.
4.07 Be specific in requesting an EOT.
Requests for an EOT should explain how much additional time you need and why the AC should grant the request. For an initial EOT request, the Air-conditioning mostly provides 25 days from the engagement of the notice granting the EOT. For second requests, or requests for more than than forty days, the AC will consider the particular set of circumstances in each case and whether in that location is good cause for requesting a second EOT or a longer than usual timeframe to submit additional evidence or arguments. If the AC grants an EOT, we volition provide you lot with barcodes to submit additional evidence or arguments.
4.08 If you want barcodes, request an EOT.
You may receive barcodes with the Air conditioning acknowledgment of your asking for review; however, the best way to ensure that y'all get AC level barcodes is to request an EOT when you submit the asking for review.
Representative Admission to Electronic Folders
4.09 Take advantage of your power to admission a claimant's electronic folder.
Appointed representatives who accept registered with SSA for ARS and who request eFolder access are able to view and download documents in Sections A, B, D, E, and F of the Instance Documents and Exhibit List tabs of their clients' certified electronic folders (CEF). As long as the instance is awaiting before the Air conditioning, representatives tin also download any digital hearing recordings in the CEF to their personal computers.
4.ten Make the AC enlightened of whatever changes in representation.
If a claimant has appointed more than one representative, only the chief representative (as indicated on the Class SSA-1696 with the most recent date) will accept access to the CEF. If a claimant's main representative changes, it is very of import that you notify the Air-conditioning right abroad so we can update our records.
iv.eleven Other problems to note about access to the CEF:
If our records indicate that you lot have access to the CEF, nosotros volition not send you copies of a claimant'due south hearing recording or exhibited evidence on compact discs (CD). We volition grant yous an extension of time and notify y'all in our letter of the alphabet that our records point you have admission to the CEF.
If a claimant has more than one claim awaiting at the aforementioned time (due east.g., a claimant has a merits pending at the hearing level and at the Air conditioning), representatives will non have access to the CEF of either claim. A CD will exist burned for these specific cases.
A representative has access to a claimant's CEF for 90 days afterwards the AC completes activity in a example. During the ninety days, only the representative recorded in our case control system at the time the instance was airtight has access to the CEF. If the claimant obtains a new representative to file a ceremonious action, the new representative will not have access to the claimant'southward CEF.
Show Submissions
4.12 Submit any additional evidence or comments at the same time as the request for review.
For internal review and clan purposes, it is very helpful if you lot submit the asking for review and all evidence at the same time.
four.13 If you accept additional prove, explain how information technology is related to the period at issue.
In regard to new prove, the Air-conditioning applies 20 CFR 404.970 and 416.1470. The AC will only consider additional evidence that is new, material, and related to the menstruation on or earlier the engagement of the hearing decision, and there is a reasonable probability that the additional evidence would change the outcome of the decision. Additionally, the Air conditioning will only consider boosted evidence if you lot bear witness skilful cause for not informing us most or submitting the prove at least 5 business concern days before the date of the scheduled hearing.
4.14 Avoid submitting duplicative evidence.
The AC has access to the unabridged tape at prior levels of adjudication, including the hearing level. Please practice not resubmit information that is already available to the Air-conditioning.
four.xv Submit testify to the AC via ERE, ARS, or iAppeals if you are required to do so or whenever possible even if you are not.
Y'all may be required to submit evidence directly to the electronic folder via ARS, iAppeals, or the Electronic Records Express website. See 2.06, above. Even if you are non required to submit testify electronically, you are encouraged to practice so. You can also submit evidence by paper fax directly to the AC. Delight run across this Appointed Representative Guide to Requesting Appeals Council Review chart for a detailed explanation of each method. Delight notation, as discussed in department 4.02 above, you lot should never submit a request for review via the Electronic Records Express website.
4.16 When submitting evidence, organizing it chronologically and by source greatly aids instance processing.
The AC reviews all bear witness presented at prior levels of arbitrament as well as show submitted while a merits is awaiting with the Air conditioning. Submitting evidence separately by source is the most constructive way to aid the Ac in completing a timely and accurate review of the record. Instead of submitting all new testify into the tape equally one large showroom, divide the evidence into separate exhibits containing the records from a single medical source. This allows the AC to associate new evidence with any previous medical or opinion bear witness from the same source and helps the Air conditioning to review the claimant'south case faster. Organizing records by engagement of medical service, oldest to newest, assists the AC in quickly and accurately reviewing the claimant's course of treatment with a detail source.
Clearly label newly-submitted bear witness with the source'due south proper name, dates covered, and number of pages. For example: Attachment A – records from Mercy Full general Hospital, Topeka, KS, for the period 1/2012 through 6/2013, sixteen pages; Attachment B – records from treating physician John Smith, G.D., Topeka, KS, for the menstruum 12/2011 through 1/2013, 5 pages.
Contentions
iv.17 Contentions should be specific.
The Air conditioning appreciates receiving curtailed, focused arguments. We recommend using 2,000 words or less if possible.
4.18 Contentions need not include a recitation of the jurisdictional history or bear witness generally, unless related to a specific bespeak of contention.
Every bit the record is already before the AC and the Air-conditioning reviews the unabridged record in each merits, a summary of the testify is not necessary. There is also no demand to send us a copy of the authoritative law judge's determination or a copy of the hearing recording.
4.19 Cite to the record.
Citing specific exhibits and pertinent page numbers in support of a specific indicate of contention helps us review the record more efficiently.
Status Inquiries
four.xx Do not make automatic, multiple requests for the condition of a request for review.
You tin can verify that the Ac has received the request for review through the online status report available in ARS, by contacting your local Social Security role or hearing part, or by calling our Congressional and Public Affairs Branch staff at (877) 670-2722 or SSA'due south National 800 Number staff at (800) 772-1213.
4.21 Requirements to view the online AC condition reports.
On August 26, 2013, SSA expanded ARS to include an online condition written report for cases pending at the Air conditioning. To accept access to the AC condition report, representatives must annals with SSA for ARS. Additionally, the case must be pending before the Air conditioning with a tape in our case control system, and the representative attempting to admission the report must be shown every bit the claimant's representative in our case command system.
If y'all are denied access and the error bulletin says, "Your ability to use the Access Claimant's Electronic Folder service has been suspended" (see screenshot below), delight call the telephone number provided in the bulletin to reinstate your access. If you have already called to reinstate access and the problem persists, send your REP ID, contact data, the error message, and the claimant'southward full name and last four digits of the SSN to OHO.HQ.ARS@ssa.gov and request assist.
4.22 Representatives have three options for viewing their AC condition written report:
- Search for individual cases by SSN. (Cases must be agile or closed within the final xc days.)
- View a list of up to 100 of the oldest cases for all Ac offices. (Cases must be active or airtight within the final 90 days.)
- Download all cases for all Air-conditioning offices in a spreadsheet file. (Cases must be active or airtight inside the last xc days.)
4.23 The view-only Air conditioning status written report will brandish the following information:
- Claimant Name (Terminal, Starting time)
- Last 4 Digits of SSN
- Case Status/Status Engagement
- Appeals Office with Jurisdiction
- Transfer Data
- Electronic Example (Yes or No)
- Request Date
- Expedited (Yes or No)
4.24 The downloaded AC status report will display the post-obit information:
- Claimant Name (Concluding, First)
- Last 4 Digits of SSN
- Case Status/Status Date
- Claim Type
- Appeals Office with Jurisdiction
- Transfer Data
- Electronic Case (Yes or No)
- Request Date
- Expedited (Yes or No)
- Fee Understanding (Yes or No)
- Fee Petition (Yep or No)
- Title 2 and Title XVI (T2 & T16, respectively) Conclusion Type
NOTE: The Fee Understanding field displayed in the downloaded AC Status Report will always incorporate a NO unless the AC issues a favorable decision.
four.25 What it means if the T2 or T16 Decision field shows "Other."
The AC status report may show cases with dispositions displayed every bit "Other." These are not requests for review.
The workload types below will display the T2 & T16 disposition code "Other" when i of the following types of cases is closed.
NOTE: A disposition lawmaking of "Other" does not delay or forestall an entreatment from being filed. If you would like to file an appeal, please timely file the entreatment according to the instructions in the Notice of Decision.
4.26 Further descriptions of the "Example Status" field:
- New case – New request entered in control system pending further screening
- Case workup – Screening or example preparation actions (e.thou., responses to claimant or rep initiated requests for extensions, file cloth, timeliness of filing etc.)
- Pending analyst consignment – Preparation actions completed; in assignment queue
- Assigned to analyst – Assigned to analyst for workup and referral to adjudicator
- Assigned to adjudicator – With AC for disposition
- Document training – AC observe prepared for release
four.27 Other issues to note nearly the Air conditioning online status report:
- Merely the representative recorded in the AC's case control system volition have access to the detailed information in the status written report. If a claimant'southward principal representative changes, it is very important that you notify the AC right away so we can update our records. (The AC recognizes equally the representative of tape the person designated equally the master representative on the Form SSA-1696 with the most recent date.)
- The AC online status report only provides data for active cases or cases closed within the last 90 days. Simply the representative recorded in our instance control system at the time the case was closed has access to the online status report.
- Federal court cases are excluded from the Air-conditioning condition written report.
Source: https://www.ssa.gov/appeals/best_practices.html
0 Response to "Is It Possible to Have a Ssdi Otr Review Without Asking for One"
Post a Comment