What Everyone Needs to Know About Social Security Disability Video Hearings

POSTED BY Jon Corra . June 29, 2018

When you’re pursuing a Social Security Disability claim, your hearing is one of the most important aspects of the entire process. We understand that a lot of our clients prefer to attend a hearing in person.

There’s a certain level of comfort that comes with attending a hearing in person. However, there’s not always an Office of Hearings Operations (OHO) close by. When an OHO location isn’t close, a video hearing makes a lot of sense. Here are 5 reasons why you should embrace your Social Security disability hearing video.

 

Travel time.

If you live in a large metropolitan area, there’s a good chance you live near an OHO office. However, we’re based in West Virginia. A lot of our clients live in rural areas, and they often have to travel long distances in order to attend hearings in person.

For instance, many of our clients near our Beckley, WV office were forced to travel over two hours in order to attend an in-person hearing at the Roanoke, VA OHO. Now that we’re able to complete Social Security disability  video hearings at our Beckley office, what was once a four-hour round trip can be done by driving a few minutes to our office.

Less anxiety.

We understand that most of our clients haven’t hired a social Security attorney before and they haven’t been in court. Though an ALJ hearing isn’t like something you’d see on an episode of Law and Order, it can still be intimidating.

When you attend a hearing via video conference, your anxiety may be reduced because you’re not in the same room as the ALJ.

Plus, if you’re attending a video hearing at a local SSA office, or at a location like our Beckley, WV office, you won’t have to search for a parking place and walk a considerable distance in order to arrive at the OHO. That’s not usually an issue when you have a video hearing.

Quicker hearing.

One of the biggest benefits of a Social Security disability hearing video is scheduling. The SSA can often schedule a hearing for a video conference much quicker than they can for an in-person hearing. This is a big benefit considering the backlog the SSA is currently facing. The quicker you can attend a hearing, the quicker you can get a decision.

Better for individuals with limited mobility.

 Individuals with severe disabilities or those who have mobility concerns may have issues when traveling long distances for an in-person hearing. The video hearing offers an alternative for applicants who can’t travel far because of their disabilities.

It’s not much different.

It may seem like a Social Security disability hearing video is a big change from a traditional in-person hearing, but in all actuality, it’s not that different. Other than looking at a camera and a video monitor, the procedure is the same. Your social security attorney won’t prepare you much differently than if you were attending the hearing in person.

The judge will act the same as he or she would if you were attending the hearing in person. The questions and overall procedure don’t differ either.

Overall, the Social Security disability hearing video is a good alternative to an in-person hearing. They’re quicker, easier to get to, and great for individuals with limited mobility. However, if you would rather attend a hearing in person, we understand. We present our clients with both options, and we let the client make the decision.

If you’d like to know more about the services we offer, or if you’d like a free consultation, call us today. Our number is 1-877-526-3457. If you’d rather be called at a later time, fill out this form so our Intake team can call you at a later time.

It’s Not Over When It’s Over; What You Need To Know About Continuing Disability Reviews

POSTED BY Jon Corra . February 06, 2018

According to the law, the SSA must re-evaluate your case from time to time, whether you’re receiving Social Security Disability Insurance or Supplemental Security Income. These evaluations are called Continuing Disability Review (CDR), which serve the purpose of determining whether you’re still medically eligible for benefits.

If this evaluation determines that your condition has improved enough, you may no longer be eligible for your current program. But fortunately, if your case was solid enough that you were approved for benefits, this re-evaluation process shouldn’t be difficult.

How often  Continuing Disability Review are done?

Continuing Disability Review or CDRs are conducted at varying times on a case-by-case basis, but typically every 3-7 years. This is determined by the rate at which your medical condition is expected to improve – or if it’s expected to improve at all.

Age can also contribute to CDR frequency. They can also be conducted immediately if you go back to work; if you or another individual notify the SSA of any improvements in your condition or that you’re not following prescribed treatments; or if new treatments emerge that could alleviate your medical condition.

How Long Social Security Disability claim takes?

On average, Social Security Disability claims take two to three years to complete, sometimes even longer. This is due to the large backlog currently hindering the Social Security Administration (SSA).

Simply getting approved is a major accomplishment. The journey may have been long, but you can finally relax because it’s over…right? Well, not necessarily.

What after Social Security Disability claim is approved?

After you are approved, you’ll need to keep the SSA informed of any changes to your financial situation, your medical condition(s), and even your living arrangements if you’re receiving SSI.

There is also a chance that your case will be reviewed in the future. Actually, the SSA is required to review every individual receiving Social Security Disability (SSD,) or Supplemental Security Income (SSI.) This is referred to as a Continuing Disability Review, or CDR for short.

It’s important for everyone receiving disability benefits to be aware of what to expect from the CDR process. In this blog, we will explain the Continuing Disability Review in detail.

The most important thing to know about the CDR is that, if the SSA finds that your conditions have improved, you may no longer receive benefits. If your conditions haven’t improved, or if they’ve worsened, the SSA won’t likely stop your benefits.

How often do these reviews occur? The SSA does not have a set schedule for their CDRs, but most individuals will be reviewed every three to seven years.

Each case is different. For individuals with conditions that are likely to improve, the reviews may occur more frequently than an individual with a condition that is not as likely to improve.

The SSA may review your case less frequently than three to seven years if you have a condition that will not improve. For instance, if you’re receiving disability benefits as the result of a lost limb, you may not be subject to a review for much longer than the average time.

In addition to your condition, your age plays a factor in how often the SSA will review your case. If you’re younger than 50, you may be subject to a review more frequently than someone who is over 50.

When it comes to a child’s case, there is one major difference: every child who receives SSI will be automatically reviewed when they turn 18. At 18, the child will be reviewed under adult standards, as opposed to the standards set for children.

There are additional circumstances that may give the SSA a reason to review your case after you’ve been approved. Think of these situations as “red flags” in your case.

They are situations that may be in violation of the SSA rules. The following list provides examples of situations that would alert the SSA that your case should be reviewed:

  • You return to work
  • You inform the SSA that your condition has improved
  • Your medical evidence indicates that your condition has improved
  • A third-party informs the SSA that you are not following your treatment protocol, or
  • A new treatment for your disabling condition has recently been introduced

 

Continuing Disability Review  “Short form” and “Long form”

So, what exactly is involved in a CDR? You will be notified by the SSA by mail. This is just one of the many reasons why it is important to keep your information current with the SSA.

When they notify you, they will send you one of two forms. If your condition isn’t likely to improve, you will get the “short form”—the Disability Update Report, which is a simple, two-page form.

If you have a condition that is more likely to improve, you may receive the “long form”—the Continuing Disability Review Report. This longer form is similar to the initial application for benefits. It’s about 10 pages long, and it features more in-depth questions than the short form.

The long form will ask a lot of questions about your medical history for the past year. They will want to know if you’ve seen a doctor or been hospitalized in the past 12 months. They will also ask about tests that you’ve had in the past year, and want your updated medical records.

This is why we tell all of our clients that it is important to continue treatment even after you are approved. Medical treatment is the most beneficial thing anyone can do to help their case.

 

When will SAA notify you that your benefits have stopped?

If you haven’t returned to work, and the SSA finds no evidence that your conditions have improved or improved enough to return to work, then the review is complete.

However, if your conditions have improved, and the SSA believes that you can return to work, they will notify you that your benefits have stopped, and you will be given the chance to appeal.

If your medical evidence is not sufficient enough for the SSA to decide, they may set you up for a Consultative Exam. This is an exam by a doctor that is paid for by the SSA.

Hopefully, your CDRs will go well, and you won’t lose your benefits. Many individuals aren’t even aware that they will be subject to a review.

If you need help getting approved, call our firm for a free consultation. Our toll-free number is 1-877-526-3457. If you can’t talk now, fill out this form and we will contact you at a better time.