Library & Tools

It is important to find out whether someone has a pending initial claim or is waiting for a reconsideration or an appeals hearing before starting a new application.

The Social Security Administration (SSA) keeps all new disability files in electronic format. Applicants and authorized representatives have the right to obtain relevant application information on a CD-ROM. When you are preparing to appeal a denial of disability benefits, you should request the case file so that you can review key components of the file and decision.

The CE report should show not only the individual’s symptoms, laboratory findings (psychological test results), and diagnosis but also the effect of the mental disorder on the individual’s ability to function in personal, social, and occupational situations.

In the process of collecting medical evidence, the DDS examiner may decide that there is insufficient information to make a determination about disability. In this case, the DDS examiner can request an evaluation from an outside source called a Consultative Exam (CE).

The National Organization of Social Security Claims Representatives (NOSSCR) has compiled a list of the state statutes and regulations regarding the collection of fees for medical records.

Here are some frequently asked questions regarding HIPAA concerns when collecting and releasing medical records.

Appointed Representatives assisting with ALJ hearings and Appeals Council level cases can obtain online access to applicants’ electronic folders by enrolling in Appointed Representative Services (ARS). There are also benefits to enrolling in ARS, even if you only assist with initial claims.

Read our Q&A with a SOAR case worker from New York who has an appeals success story!

The Social Security Administration now offers a video option for Administrative Law Judge appeal hearings.

Once the Request for Hearing has been processed at OHO, both the representative and applicant will receive a notice indicating the case has been successfully transferred to the court’s Master Docket, where cases are screened. At this stage, representatives can request a Prehearing Case Review or an On-the-Record (OTR) review to avoid the need for a hearing. If the OHO office is not able to grant these requests, the applicant retains the right to a hearing. A request for an expedited hearing due to dire need can also be submitted.