Want to know the #1 reason people don’t win their Social Security hearings?
It’s so SIMPLE and EASILY FIXED but I see it every day!
You already know that the wait time to get a Social Security disability hearing can easily be more than a year. And, this is on top of the original four to six months you waited to get the initial Social Security disability decision.
So, people wait…
and get more and frustrated.
And then, FINALLY, the hearing date comes!
They’re nervous, and hopeful, and scared and READY to be approved. And they go in front of the judge never having gotten a representative that could fill them in on this tiny piece of information that can make the difference between winning and losing.
And they get denied.
Do you want to know why? Do you want to know the piddly little that gets in the way of the vast number of disability cases being approved?
Here it is: the records are out of date.
Just that. Simple, huh?
You see, Social Security does not update medical records after the initial denial. So, after the file has been sitting around for a year (or more), the records are out of date. There are often no treatment notes for 12 months or longer. So, how can Social Security tell if you are disabled at your hearing when there are no records.
I’m not kidding. THIS IS WHAT HAPPENS!
This is not the way the system is supposed to work.
When you appeal the initial denial, you provide a list of your current doctors, dates of treatment, tests performed, and medications as part of the appeal. You also provide an authorization letting Social Security get updated records. Your appeal will be rejected if you do not do this.
There are also regulation instructing Judges to assist un-represented claimants (people applying for Social Security) with obtaining relevant evidence in their case.
BUT, when I get a call from someone whose hearing has just been set, or continued, I often see that NONE of the records have been updated since the denial.
Think about the waiting times in your area. In Colorado, the typical wait is a bit over a year (although the times in the Pueblo area are sometimes over 2 years). Do you want a Judge deciding your case with out-of-date records?
This is why you need to review your file early to figure out just what records Social Security has, what records are incomplete, and what records are just plain missing. That means you have to know how to review your file.
Personally, I encourage you to work with an attorney to make sure the necessary records are in your file. However, if you decide to brave this process alone, make sure you know what is in your file and keep it up to date!