Therefore, you would not have online, direct access to your file since you are not a registered representative/attorney. That being said, you should be entitled to a copy of your file on a CD from either the Office of Disability Adjudication and Review... 1 found this answer helpful
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The completion of an exhibit list usually signals that a case is close to being scheduled for a hearing before a judge. Your file should also include copies of all disability applications, forms, and appeals that have been filed, as well as copies of all medical records gathered by disability examiners at Disability Determination Services (DDS).
Sep 05, 2014 · That being said, you should be entitled to a copy of your file on a CD from either the Office of Disability Adjudication and Review (I am assuming your claim is pending another hearing) or your attorney. I can see why SSA has directed you to your attorney - he or she is supposed to be representing your best interests and can easily provide you with a copy of your …
Feb 09, 2022 · Your attorney or nonattorney advocate (or a staff member) will request the medical records needed to win your claim and submit them to the Social Security Administration (SSA) at the appropriate time. When you first hire your Social Security disability attorney or advocate, you'll need to sign a medical privacy release that allows access to ...
December 17, 2018 William Viner. A copy of your Social Security Administration (SSA) disability file can be requested by calling the SSA at 1-800-772-1213 or by visiting your local SSA office. Once you have requested your file it will then be mailed to you as a disc.
The Social Security Administration (SSA) now keeps all disability files in electronic format, but Social Security representatives have the authorit...
Your disability file should come with an "exhibit list," which is like a table of contents for everything in your file. They allow the administrati...
If you were denied benefits for a mental disability claim, there are two other forms you'll want to review carefully: the mental RFC and the PRTF....
When you first contact an attorney for representation, either the attorney or a firm staff member will conduct an initial interview with you to gat...
Your attorney, or a staff member in the law firm, will request the medical records needed to win your claim and submit them to the Social Security...
It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only co...
The SSA allows you to bring a witness to testify about your disability, but because witnesses can be harmful or helpful, your attorney will decide...
Your disability lawyer will determine the best way to win your case. First, your lawyer will review your denial letter from Social Security to get...
Electronic Records Express is an initiative by Social Security and state Disability Determination Services (DDS) to offer electronic options for submitting health and school records related to disability claims. When you receive a request for health or school records or other information about a person who has applied for Social Security disability ...
Just call the Social Security Electronic Records Express Help Desk at 1-866-691-3061. This number will be staffed from 7am – 7pm EST, Monday thru Friday. After hours questions about new ERE account registration may be emailed to [email protected].
The website has restricted access. Only authorized users can access the secure website by using their assigned user ID and password. Also, data transmission is protected by employing 128-bit or higher secure socket layer (SSL) encryption, which is the industry encryption standard for providing network security.
In fact, you may save time and money by transmitting your records electronically. How secure is Social Security's Electronic Records Express website? The website has restricted access. Only authorized users can access the secure website by using their assigned user ID and password.
Anyone who provides health or school records to Social Security or the DDS, such as: Medical providers (including hospitals, clinics, doctors and health information managers); School professionals ; and. Third parties, such as attorneys and claimant representatives.
Your file should also include copies of all disability applications, forms, and appeals that have been filed, as well as copies of all medical records gathered by disability examiners at Disability Determination Services (DDS). It should also contain your Social Security earnings record, any letters sent by you, your family, or your employer, ...
Make sure your key medical records are in the file, from each doctor who is treating you for a serious impairment. If your medical records contain comments by your treating doctor about your disability, note what they say, whether they are clear, and whether they support or hurt your case. You or your lawyer might need to contact your treating ...
If you've already attended an ALJ hearing and you're appealing to the Appeals Council, your file should also contain a transcript of the hearing and the ALJ's Notice of Decision.
If your doctor's statement makes it seem like you can do more than you actually can, explain this to your doctor and ask the doctor to write a new letter or fill out an RFC form accurately describing your limitations. Sometimes, a doctor doesn't provide information the SSA needs, even if the doctor has it.
Your disability file should come with an "exhibit list," which is like a table of contents for everything in your file. They allow the administrative law judge (ALJ) and you or your lawyer to be able to quickly tell what is in the file and to refer to a piece of medical evidence by its assigned number on the list. Exhibit lists are compiled by the Office of Hearings Operations (OHO). After OHO creates your exhibit list, a copy is sent to you and your lawyer. The completion of an exhibit list usually signals that a case is close to being scheduled for a hearing before a judge.
The claimant can lift and carry 25 pounds frequently and up to 50 pounds occasionally. The hearing deficit and alleged insulin reactions would preclude work around dangerous machinery or at heights. The claimant is 60 years old and has completed nine years of school, which is considered to be limited education.
When you are preparing to appeal a denial of disability benefits, you should request your case file so that you can review some key pieces of information. As you review your file, you'll want to note any inaccurate and missing information and look for mistakes made by the claims examiner or medical consultant, such as not considering all ...
It is my understanding that due to privacy and security issues, Social Security has only provided direct, online access to claimants' files to representatives who have been specifically invited to register for the program by SSA.
You could try sending a written request for a copy of the Claims file. I never make these kinds of request by telephone with SSA. I do want to note, however, that SSA generally will not reproduce the claims file while the claim is in active development (working being done on the claim) and so this may be part of the problem.
There is no online access available--to protect everyone's privacy. The agency is not going to copy onto a CD when you have attorneys who have the records. The agency has provided them to someone acting on your behalf. You are supposed et CD copies from your attorneys.
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.
At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)
It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.
To prove you are not capable of sedentary work, your attorney will use the documented symptoms of your illness, the opinions of your treating doctors, your testimony, and any other objective medical evidence in your file to show why you can't do various sit-down jobs. For example, if your doctor has said that you can't lift more than 10 pounds or sit more than two hours per day, this will help prove that you are capable of "less than sedentary work," meaning that Social Security will have to find you disabled. (For more information, see our article on "less than sedentary" status.
First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)
Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.
How to obtain your SSDI/SSI disability file from the Social Security Administration. December 17, 2018 William Viner. A copy of your Social Security Administration (SSA) disability file can be requested by calling the SSA at 1-800-772-1213 or by visiting your local SSA office. Once you have requested your file it will then be mailed ...
Your file should include items such as your disability application, the appeals filed, and work history information . Additionally, the CD should include copies of all medical records that have been requested by Disability Determination Services (DDS) and/or provided by you .
Identification may be requested (driver’s license) if you go into your local SSA office. The turnaround time is approximately one to two weeks from the date of your request to receive your file in the mail. However, like most things with the SSA, plan on four weeks. For security purposes, your disc “password” is the first 4 letters ...
One way the SSA determines your eligibility for monthly disability benefits hinges on your credibility as an applicant. If you haven’t sought treatment for your condition or discussed symptoms with your doctor, it looks bad to the SSA. If you aren’t treated, the SSA automatically assumes your condition isn’t limiting you as much as you say it is. The more documented evidence from your doctor showing regular treatment appointments and progress notes, the higher your chances for approval. Among all disability secrets, this one’s likely to result in your technical denial if you can’t or won’t follow through. In other words, no physician actively treating your disability = no claim approval for benefits. If you cannot afford to see a doctor, make an in-person appointment at the SSA office for a referral.
If you have an especially complicated claim, ask a Social Security attorney to review your application before submitting it. Lawyers often know disability secrets that apply to someone in your specific situation that you wouldn’t find anywhere online.
In any given year, you can earn a maximum of four Social Security work credits with full-time employment. Plus, the amount you need to earn one work credit increases each year to keep pace with increasing average wages. In 2019, you’ll get one Social Security work credit for every $1,360 you earn, according to the SSA.
One of the biggest disability secrets people ask about is, “How can I prove I’m disabled during my DDS exam?” The answer is simple, actually! If you drop a pencil on the floor and cannot pick it up without help, you’re disabled. And if you can’t walk across a room (or go up or down a few stairs) without assistance, you’re disabled. Finally, if you must alternate sitting and standing throughout the day or cannot lift anything heavier than 5 lbs., then you’re disabled. Of all disability secrets we know, this one may be the most valuable!
If a sudden disability makes working obviously impossible on a short-term basis, you may be exempted from the five-month rule. The SSA will estimate how long your inability to work should last based on your medical diagnosis. If it’s one year or longer, you may still qualify for disability benefits. 2.
1. Ideally, you should have already been out of work for five months or more when you apply for SSDI.
A doctor must medically diagnose you with a condition expected to last at least 12 months or result in death. Do not apply for disability benefits until your doctor confirms that your condition meets the SSA’s internal definition of “disabled.”.
Fortunately, an experienced disability attorney is trained to handle "bad facts." For example, if your records contain opinions by a physician or other medical provider that do not support the fact that you have a true disability and are unable to work, your attorney will ask you questions aimed at limiting the importance of and/or eroding the accuracy of the doctor's statement. For instance, your lawyer may ask you how long you had been a patient of the doctor, whether the doctor was a specialist in your illness, and whether you sought a second opinion.
Your attorney will ask your doctors for supportive statements, submit only the relevant medical records to the judge, and know how to handle bad evidence. In preparing to represent you in a disability appeal hearing, your attorney will want you to answer some detailed questions about your symptoms and limitations.
If your records contain statements about drug or alcohol abuse, it will be especially important for your lawyer to explain to the ALJ what you are doing to treat your addiction. An ALJ will appreciate that both you and your attorney are straightforward about the "bad evidence" and may agree with your position.
A good disability lawyer will develop the best theory of disability for winning your case, prepare you for your hearing, and arrange for witnesses. Hearing approval rates are about twice as high for applicants who bring lawyers. To learn how a disability lawyer handles other aspects of your case and appeal hearing, ...
The most important evidence you need to substantiate your claim for disability benefits is the opinion prepared by your treating doctor (s). You will give your lawyer contact information for your treating doctors so that the lawyer can request your doctor to submit a written opinion of your diagnosis, prognosis, and functional limitations in an RFC ( residual functional capacity) statement.
In the past, Social Security had to give more weight to the opinions of treating doctors who have treated you for a period of time, who know your medical history, and are supportive of your disability claim. As of March 27, 2017, this is no longer true. For more information, see our article on when Social Security can discount your treating doctor's opinion.
It is not uncommon for medical records to contain information that is not only unhelpful but may be harmful to a disability applicant's case. Social Security regulations and ethics rules require a disability attorney to submit all relevant evidence to Social Security.
After you submit your SSDI application it is first reviewed by a claims representative at the SSA office. The claims representative, however, is not determining whether or not you are disabled. In fact, the only thing they will review is whether you meet the nonmedical requirements for SSDI benefits.
After your case has been sent to the disability examiner in your states DDS office you should be able to contact them and ask questions about your case. Getting a hold of the disability examiner, however, may be tough, but theoretically it can be done by contacting the SSA local field office and getting the number for your states DDS agency.
To quickly check on the status of your disability case, you can call your local Social Security office and speak to a disability claims representative. You can use the Social Security Office Locator tool to find the phone number for your local office.
Checking the status of your case will also alert you if Social Security has made an error with your claim, such as misplacing your appeal paperwork.
Your disability examiner works at a state agency called Disability Determination Services ( DDS ), not the actual Social Security Administration (SSA). Disability examiners are typically easy to reach by phone, and you can get the telephone number for your local DDS from your local Social Security office or from our state articles. Find your state article for a list of the DDS offices in all 50 states.
Checking the status of your Social Security disability claim can help speed up your case. If you've been waiting more than a couple of months for a Social Security decision, you should check the status of your claim.
Once you get a notice of hearing (75 days before the hearing date), you should submit the latest medical records you have—any test results, new prescriptions, doctor's notes from clinic appointments or hospital visits, and so on.
A claims rep can usually provide a general update on your case, as to where it is in the process, but will not be able to give you much detail on when a decision will be handed down or whether there are any obstacles holding it up.
For cases pending at the initial claim level (after you filed the application) and the reconsideration level (after you filed a first-level appeal), speaking directly with the disability examiner who is evaluating your claim is usually the most helpful way to get information.