Social
Security uses an obsolete publication to identify jobs that a
disability claimant may be able to do. These jobs, in turn, are often
used to deny disability claims. The publication required by Social
Security decision makers is The Dictionary of Occupational Titles (DOT),
first published in the 1930s and last updated in 1993. The DOT
describes 12,569 jobs. Many of them are obsolete, from a bygone era.
Here are a few of the more ridiculous jobs found in the DOT. The DOT
code number is given, to prove this is no joke.
- Horse Identifier DOT Code 153.387-010
- Horse and Wagon Driver 919.664-010
- Butter Melter 523-585-010
- Animal Impersonator 159.047-018
- Bucket Chucker 664.685-014
- Side Splitter 525-684-018
- Bowling Ball Weigher 732.487-010
And my personal favorite....
- Coach
Driver, DOT Code 349.677-014. The DOT job description reads: "May
clean or polish vehicle such as a carriage, wagon or cart."
If you are judged physically and
mentally able to perform one of these archaic jobs (or any other job in the
DOT) you may be denied benefits at Step 5 of the sequential decision
making process, where most denials occur.
The
US Department of Labor considers the DOT to be obsolete. However, the
Social Security Administration considers it their primary vocational
resource--the definitive guide to jobs in the modern age. Judges are required to confirm that any vocational testimony "confirms to the DOT." Social Security has even taken "administrative notice" of the DOT, which makes it difficult to challenge it. Social Security's attitude: If it's in the DOT, it's Gospel.
This could be one reason your disability claim was denied: reliance upon such outdated data as the DOT. Some federal courts have taken notice of denials based on DOT data and have reversed the decisions on appeal.
I think Social Security is moving in the direction of allowing other occupational data to be used; however, no one knows how long that will take.
In
our experience with Social Security disability claims, there are some
factors that seem to increase a claimant's odds of being approved for
benefits. Here are some of them:
- a long, steady employment history;
- being age 50 or above (though not required to get benefits);
- failed work attempt(s) after the disability onset, demonstrating the desire to continue working;
- proper written statements from one or more treating doctors (not just any statement, the proper statement)
Doctors
may provide 2 types of evidence. One is objective evidence, the other
is opinion evidence. Most Social Security cases go to trial with only
the routine medical records from the doctors. This can't be relied on
to produce an award. Opinion evidence, on the other hand, provides the
doctor's opinion about how the claimant is limited in the ability to
perform work activities (sitting, standing, walking, lifting,
bending, concentrating, remembering, regular attendance, etc.). Opinion
evidence is a little harder to come by and is sadly lacking in most
cases that get denied. It can make a huge difference.
For instance, it isn't enough to have medical records proving that the claimant has arthritis.
The claimant is required to prove that his or her medical condition is
severe enough to prevent full-time, remunerative work on a full-time
basis.
We
often see useless doctor's statements like this: "Mr. Charlie Brown
has been a patient of mine for 10 years and it is my opinion that he is
disabled and cannot work at any job." The problem with such a
pronouncement is that it actually violates the federal regulations. The
conclusion about disability is reserved to the Commissioner of Social
Security and doctors may not determine who is disabled (20 CFR 404.1527; 416.927, etc.).
What may properly be stated by a doctor?
The answer is, his or her opinions as to the patient's specific
limitations or restrictions. How long the patient can sit, stand or
walk; how much can he/she can lift? What limitations are there in such
things as concentrating, remembering, making decisions, reaching,
stooping, kneeling, bending, etc. How many days per month would the
patient be expected to miss work because of a medical impairment? These
are examples of things that are permitted and the doctor's
opinion in these specific areas are admissible as evidence (although
Social Security is not bound by the doctor's opinion). But the doctor
may not conclude that a person is disabled or make a vague statement like, "He is not able to work."
In
Huntsville, the Forsythe Firm has helped hundreds of claimants get
Social Security disability payments. We offer free initial
consultations and evaluations without obligation. We are full service
disability advocates and can be involved in every stage of your Social
Security disability claim--from application through appeal. We never
charge a fee unless you win and receive back pay.
PHONE: (256) 799-0297
https://forsythefirm.wixsite.com/website
1)
At what age may I apply for Social Security disability (SSDI)?
Answer: Adults may apply any time before your full retirement age. (If
you were born in 1948, for example, your full retirement age is 66).
Children may apply any time prior to age 18. There are special rules for adults who became disabled prior to age 22.
2)
What monthly benefit may I expect from SSDI? Answer: The benefit
amount will vary based on your average wages and work history. The
maximum monthly benefit in 2020 is $3,011. The average monthly benefit
is $1,257.
3)
Can my spouse or dependent children also receive benefits? Answer:
Yes, dependents may qualify for benefits based on the wage earner's
disability. Dependent grandchildren may also be eligible. A spouse who is caring for a disabled wage earner's dependent children under age 16 may also qualify.
4)
Will I get Medicare insurance with my disability benefits? Answer:
Yes but there is a waiting period. Medicare starts 29 months after the
official onset date of disability for SSDI claims. Note that this is 29 months from the disability onset, not from the date of your decision. SSI beneficiaries get Medicaid and there is no waiting period for Medicaid.
5)
If my doctor tells me I am disabled and cannot continue working, are
disability benefits automatic? Answer: No. You must still apply and
prove to Social Security that you are disabled according to their rules. Many times, such individuals are denied and must appeal in order to get benefits. Appeals must be filed within 60 days of denial.
6)
I saw my doctor today and he does not think I will be able to continue
working much longer. May I apply for Social Security disability now and
keep working until I am approved? I want to have my claim approved
before I stop working. Answer: No, the system does not permit this.
You must not be working at substantial gainful activity when you
apply for disability benefits. If you are, you will be denied at Step
1, regardless of the medical evidence.
7)
I am 64 years old and retired. I worked for more than 40 years. I've
been receiving Social Security early retirement benefits for about 2
years. I've been healthy until now. Recently, however, I was diagnosed
with a severe illness for which there is no cure. Since I am already
receiving Social Security retirement, may I file a disability claim?
Answer:
Yes, you may. You are under full retirement age and it appears you
have adequate work credits to support a claim. Also, I assume your
recent impairment will last for 12 months or more (the duration requirement), so you may file a disability claim and try to prove
disability. As long as you are not working, your present income does not
matter for a Title 2 (SSDI) claim. If your claim is successful, your monthly benefit will be increased to the amount you would have received at full retirement age (payable from the onset date of your disability).
Also, you may qualify for earlier Medicare coverage, in the event you
are not yet 65 when your case is decided. You may continue to receive
your retirement benefits while your disability claim is being decided.
Even if you eventually do not get a favorable decision on the disability
claim, it will have no impact on your retirement benefits, which you
will continue to receive. So, you risk nothing by filing for
disability. A final thought: At age 62, it may be easier to win a
disability claim, compared to a younger individual, thanks to the
medical-vocational guidelines.
________
If
you have a Social Security disability question that was not answered
here, or on one of our many blog posts, please call the Forsythe Firm in
Huntsville, AL at (256) 799-0297.
There is no charge or obligation for a consultation.
Before
awarding an SSDI benefit, Social Security must convince itself that you
are not able to sustain full-time work 8 hours a day, 5 days a week, 52 weeks per year.
Of
course, the physical demands of work vary a great deal from job to
job. Social Security recognizes 5 exertion levels in today's workforce:
- SEDENTARY
WORK requires mostly sitting with lifting no more than 10 pounds at a
time, the ability to occasionally lift and carry files or small tools;
occasional standing and walking (less than 2 hours per day).
- LIGHT
WORK requires lifting no more than 20 pounds at a time (occasionally),
frequent lifting and carrying objects weighing up to 10 pounds; frequent
walking or standing or sitting while pushing arm or leg controls.
- MEDIUM
WORK involves lifting up to 50 pounds occasionally and frequently
lifting or carrying objects weighing up to 25 pounds. It also requires
frequent standing/walking. If you can do medium work, you can also do
light work.
- HEAVY
WORK requires lifting no more than 100 pounds occasionally and lifting
and carrying objects weighing up to 50 pounds frequently. It requires
frequent standing/walking. If you can do heavy work, you can also do
medium work.
- VERY
HEAVY WORK involves lifting objects weighing no more than 100 pounds at
a time and frequently lifting and carrying objects that weight more
than 50 pounds. Frequent standing/walking required. If you can perform
very heavy work, you can also perform heavy work.
Q. If I can perform Light work, can I also perform sedentary work? The answer is yes, usually. There are 2 exceptions:
If
a claimant has difficulty sitting for prolonged periods of time, or has
difficulty performing fine manipulations with the hands (feeling,
fingering, pinching), the person might be found capable of performing
Light work but not Sedentary work.
The
above limitations are only exertional. They do not take into account
postural limitations such as reaching, bending, crouching, squatting,
kneeling, balancing, climbing). They also do not take into account any
mental limitations (memory, focus/concentration, decision making,
etc.). All jobs do have certain mental functional abilities which are
required.
For claimants under the age of 50, Social Security will usually deny claimants if they are found able to perform jobs at any exertion
level. For those over age 50, the rules are a little more relaxed and
the Medical-Vocational Guidelines can be helpful.
___________
The Forsythe Firm
(256) 799-0297
https://forsythefirm.wixsite.com/website
Lyme
Disease is transmitted to humans by the bite of the black legged tick,
commonly called a "deer tick." The infectious agent is a little
bacterium called Borrelia burgdorferi. Symptoms can include a
rash (but not always), fatigue, dizziness, neurological symptoms, joint
aches, and sometimes a fever. Getting a correct diagnosis for Lyme
Disease may be difficult because the symptoms of Lyme Disease are quite
similar to many other illnesses and doctors often have never encountered
a case of Lyme. Lyme is usually curable with a few weeks of
antibiotics. However, if the disease goes untreated, it can cause
severe symptoms, including joint inflammation (Lyme arthritis), heart
problems, disorders of the central nervous system, and more.
There
is no specific listing for Lyme Disease in the Social Security blue
book. If there are severe associated symptoms, a claimant may meet a
listing for another body system: nervous system disorder, heart
impairment, etc. If that is not the case, the claimant must prove that
the combined symptoms of the disease are so severe that full-time work
cannot be maintained.
I
have recently won cases involving Lyme Disease. Here is a little of
what I have learned with regard to Lyme Disease and Social Security.
1)
Try to see out a specialist to confirm the diagnosis. Specialists are
few and far between. Social Security will be skeptical that symptoms
are being caused by Lyme Disease. It is essential to get a firm
diagnosis by a doctor who understands the disease. Many doctors will
tell you that there is no such thing as chronic Lyme Disease, or that it
is impossible to diagnosis it accurately. Some will try to send you
off to a psychiatrist because they think it is a mental impairment.
2)
Be sure your doctor ties the cause of symptoms to the yme Disease. In
other words, the doctor should confirm that such symptoms as chronic
fatigue, dizziness, nausea, palpitations, cognitive problems, etc. are
being caused by the late affects of Lyme Disease, not something else.
3)
If possible, get a medical source statement or residual capacity form
from your doctor (specialist) which specifies your physical and mental
limitations. Have the doctor address the work-like activities that you
are not able to perform, and to state the severity or degree of each
impairment.
4)
Be sure to follow prescribed treatment to the extent possible. If you
have a complicated case of Lyme, especially one that was not treated
early, treatment may take months or years. It's easy to get discouraged
and give up. Find a doctor who will support you and stay with it.
5)
Try to find an attorney or advocate to represent you who has experience
with Social Security disability cases based on Lyme Disease. Some of
the basics of good representation apply to these cases, however, there
are things about Lyme cases that are approached differently.
https://forsythefirm.wixsite.com/website
-----------
The
Forsythe Firm in Huntsville is available for free consultations for any
impairment leading to a Social Security disability claim. We will meet
with you without cost or obligation. If we agree to represent you, you
do not owe a fee unless you win your claim and collect past due
benefits. We can be reached at (256) 799-0297.
In
about 30 percent of Social Security disability cases, the agency will
send claimants to one of their contracted doctors for a consultative
examination (CE). This usually occurs when there is limited evidence
from the claimant's own treating doctors.
Social
Security contracts with doctors in private practice to perform these
exams. Here is generally what to expect at a consultative exam (CE):
- It will be brief. The doctor may spend as little as 15 minutes with you. Usually there are no tests.
- The doctor has been provided with a checklist of things to look for. He/She will focus only on what is on the list.
- CEs are often not helpful for the claimant.
Here are a few tips that may help the examination go smoothly:
- If
you cannot attend the examination, call the Disability Determination
Service (DDS) which scheduled the exam as early as possible. This
should only be for an unavoidable emergency. Also call the doctor's
office. (The doctor will not call DDS for you; it's important you call
them, too). Never be a No-Show.
- Arrive at the exam site 15 minutes early.
- If possible, have someone drive you to the exam.
- Take a list of all medications and dosage with you.
- Be cooperative with the doctor. Failure to do so will guarantee a bad report to Social Security. Put forth your best effort.
- Don't
try to "sell" the doctor on the fact that you are disabled and should
be on disability. The doctor cannot approve you or sign you up for
benefits. He is a fact finder and has a checklist of medical items to
check during the exam.
- Answer the doctor's questions as directly as possible. Get to the point and avoid unnecessary details or rambling.
Doctors are allowed 30 days to send in their examination reports to Social Security.
What happens if you just don't show for a CE? It almost always guarantees a denial and it may hurt you in the future appeal process, as well.
Unfortunately, disabled veterans sometimes get wrong information, even from Social Security.
Sometimes,
we have known of disabled veterans being told, in effect, that they
cannot apply for Social Security disability benefits because they are still receiving
military pay, or "still working." However, the Wounded Warrior program
permits disabled vets to apply for disability when they
are receiving active duty pay if they are on medical leave, performing
restricted duties or under therapy in a military treatment facility.
Social Security's website states the following:
Active duty status and receipt of military
pay does not, in itself, necessarily prevent payment of Social Security
disability benefits. Receipt of military payments should never stop
you from applying for disability benefits from Social Security. If you
are receiving treatment at a military medical facility and working in a
designated therapy program, or on limited duty, the government will
evaluate your work activity to determine your eligibility benefits.
Even
if you are told by someone at a Social Security office that you do not
qualify for disability benefits, check this with another qualified
source. Social Security personnel are generally well trained, hard
working and well meaning individuals who do excellent work. But, like
in all other areas of life,
mistakes are made. That's why you have attorneys and advocates to
assist you with protecting your rights under the Social Security Act and
to make sure that you get all the benefits you are entitled to, even
when a mistake is made.
If
you need to just check out a Social Security disability claim, or
appeal an unfavorable decision, please feel free to contact the Forsythe
Firm here in Huntsville for a no cost, no obligation discussion. (256)
799-0297.
If you stopped working more than 5 years ago, you do not have coverage for disability with the Social Security Administration.
You
need to have recent work to be eligible for disability benefits. You must
have worked at least 20 out of the last 40 quarters, or more simply put,
you must have worked 5 out of the last 10 years.
If
you stopped working at a job that pays FICA tax more than 5 years ago,
you will not be able to get disability benefits, no matter how much you
paid into the system. That money remains in the trust fund (pool) until
you reach retirement age.
Your
Date Last Insured (DLI) is the date you stopped being insured for
disability claims with Social Security. If a disability begins after
the DLI, it is not covered. This is one more good reason not to delay
in filing a claim as soon as you feel you have become disabled.
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award
rates are down at all levels. Here is how awards by administrative law
judges (hearings) have taken a free fall since 2010. Award rates by
year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out.over. The usual suspects are Congressional pressure and hostile media coverage. No one knows if the free fall is over.
----------------
2015 rates are estimated.
The following chart shows Social Security disability award (approval) rates at various stages of review:
Award
rates are down at all levels. Here is how awards by administrative law
judges (hearings) have taken a free fall since 2010. Award rates by
year:
2010 62%
2011 58%
2012 53%
2013 48%
2014 45%
2015 42%*
No one knows why the award rates bottomed out or if the free fall is over. The usual suspects are Congressional pressure and corrupt media coverage.
----------------
2015 rates are estimated.
The media lies
constantly about the Social Security disability program. I expect the
media to lie; however, it is making it difficult for disabled Americans
go get benefits. Here are some of the worst lies the media is telling
us.
Social Security benefits are responsible for the growing national deficit. The truth: Social Security benefits are not included in the national budget. Social Security is a self-financing program. Benefits are not allocated by Congress and not included in the national budget. Social Security benefits are
funded by FICA taxes paid by workers, deducted from their pay checks
and matched by their employers. These premiums go into a special fund
and benefits are paid out of the fund. There is one fund for disability
benefits and a separate fund for retirement benefits. There is no provision for the government to pay benefits if these funds become unable to do so.
People are using Social Security disability benefits to replace unemployment benefits. You
cannot receive disability benefits until you provide objective medical
proof of a disability. It takes the average person over 24 months to
get a hearing and then there is only a 42 percent chance he will be
approved. The claimant will be examined, prodded, poked, examined some
more and his entire medical record examined with a fine toothed comb.
He will be placed under oath, questioned, cross examined and treated
like a criminal in many cases. In over 90 per cent of cases, he or she will have to hire a lawyer to get any benefits. Does this sound like a good replacement for unemployment insurance?
Because the number of disability claims have risen in recent years, that's an indication of massive fraud. Not
true at all. The population is increasing. People are living longer.
Baby boomers are aging and getting sick by the millions. The number of
women in the workforce has quadrupled since World War 2. Social
Security's own numbers predicted a peak in claims based on population
and demographics.
Crooked doctors sign patients up for Social Security all the time. The
truth is, doctors cannot approve anyone for Social Security benefits.
That decision is reserved by law to the Commissioner of Social
Security. Doctors may provide medical evidence, as they should, but
they cannot sign anyone up or approve anyone. And if the objective
medical evidence does not support a doctor's professional opinion, the
opinion will be ignored--I promise. I've seen it happen too many
times. On final thought on this subject, my experience is that doctors
usually won't help their patients who are very legitimately disabled
because they don't want to get involved.
The
Forsythe Firm in Huntsville, AL is offering free, no obligation
evaluations of Social Security disability claims. We will evaluate your
claim before you file, recommend the best approach and tell you the
strengths and weaknesses of your claim. Every claim is different.
Factors that must be considered in any claims analysis include:
- Your age
- Your education
- Your past work history and experience
- Your medical conditions - both physical and mental
- How much medical treatment you have received and are now receiving?
- Do you meet a Listed Impairment (not required)?
- Can you qualify for a Compassionate Allowance and faster approval?
- Are you a disabled veteran?
How
does a free case evaluation work? First, we will speak with you on the
telephone and take some basic information. Next, we will probably set
up a free office consultation at our Huntsville Office (near Bridge
Street). We will review your medical and job information and help you
make a decision whether you have a viable claim for Social Security
benefits. We will not pressure you in any way. We will explain your
options, how we work, how long it will take, etc. If you decide for us
to represent you, and if we decide to take your case, you will only pay
us a fee if you win your claim and collect past due benefits. If you
lose or if you collect no past due or retroactive benefits, you never
pay us a dime, no matter how much we worked on your case.
You
may start by telling us about your condition by answering a few simple
questions on our website. This information is confidential, to be
reviewed only by one of our trained advocates or partners. Just click
the link below and answer a few basic questions. We will contact you
for more information.
Click HERE to go to our website. Then, click on the "Tell Us About Your Claim" tab in the center of our home page.
You may also call us at (256) 799-0297.
The
federal regulations reserve Social Security disability benefits to
individuals who an prove disability with objective medical evidence.
Generally, you must be able to provide medical records from doctors,
psychologists, clinics, hospitals or other acceptable medical
professionals that show.......
- the existence of impairments
- the severity of impairments
- the duration of impairments (how long symptoms have lasted)
There are two types of medical evidence. Objective medical evidence may include imaging studies, laboratory reports, EKG, and comprehensive examinations by a qualified doctor. Subjective
medical evidence refers to opinions of professionals who have viewed
the objective evidence and given a professional opinion concerning your symptoms, diseases or injuries.
It
isn't enough for a claimant to allege back pain, for instance. It
isn't enough for a doctor to make a note in her chart that the patient
has complained of back pain. Most helpful would be an X-ray or MRI
study showing the probable source and cause of back pain, such as a
bulging or herniated disc, foraminal canal stenosis, degenerative disc
disease, etc. Then, your doctor might offer an opinion as to how the
disease (or injury) would limit your ability to sit, stand, walk, bend,
crouch, crawl, lift, etc.
"It
is really by demonstrating significant limitations on the ability to
perform common work related activities that you qualify for disability
benefits."
How
severe must the limitations be? The answer lies in the combination of
several key facts: the claimant's age, level of education and past work
experience. For
most claimants under the age of 50, the impairment must prevent the
ability to perform any full-time work. The rules are somewhat less
stringent for persons over age 50. For example, a claimant who is over
age 55, has a limited education and past relevant work that is unskilled
may only have to demonstrate that he cannot perform any of his past
work. A younger individual will likely have to prove the inability to
perform any and all work which exists in the US economy.
If
you are suffering from a medical condition that you feel may lead to
disability, it is extremely important to get prompt medical attention,
continue to see your doctor(s) regularly and try to follow the
recommended treatment plan. It is also important to tell the doctor(s)
about all your symptoms and explain any problems you are having with
such things as prolonged sitting, standing, walking, bending, lifting,
concentration, fatigue....etc.
In
Social Security disability cases, decision makers will often deny a
claim on the supposition that the claimant can still perform unskilled,
sedentary work--the easiest type of work from both a physical and mental perspective. While unskilled, sedentary jobs are rare in the US economy, some vocational experts will argue that they exist. Examples of such jobs might be a
surveillance system monitor, or a document preparer.
All
work has mental as well as physical demands. The mental demands of
unskilled sedentary work are defined by SSR 96-9p and SSR 85-15. Those
demands include the abilities (on a sustained basis) to understand,
carry out, and remember simple instructions; to respond appropriately to
supervision, coworkers, and usual work situations; and to deal with
changes in a routine work setting.
The
loss of any of the above abilities will substantially erode the
occupational base for sedentary, unskilled work and will, therefore,
justify a finding of disability.
Note
that in order to work, a person must be able to meet the mental demands
of full time, remunerative work "on a sustained basis." A sustained
basis means 8 hours a day, 5 days a week, or an equivalent schedule.
The
customary breaks that would be afforded during full-time unskilled work
would be two 15 minute breaks and a 30 minute lunch (meal) break during
an 8 hour work day. If additional breaks are required due to a
physical or mental impairment, that may very well erode the occupational
base and justify a finding of disability. Other factors that could
erode the occupational base would be excessive absences (more than 1 or 2
days per month), being off task for an excessive amount of time during
the day, or being unable to deal with changes in a routine work setting.
These
allegations must be supported by objective medical evidence. It is
helpful if a treating doctor or medical professional acceptable to
Social Security provides additional opinion evidence as to the existence
of and severity of any limitations.
It is no secret that Social Security
is backlogged in trying to hold hearings. And we all know it is taking
up to 24 months for a claimant to get a hearing scheduled. The obvious
answer would be for Social Security to hire more administrative law
judges; however, Congress simply will not appropriate enough money for
that. So, how does the Social Security Administration react? By
offering claimants the option to have a hearing by video-teleconference
(VTC).
At a
VTC, the claimant and representative appear in a hearing center near the
claimant's home. However, the judge may be in another city, even
another state. Witnesses called by Social Security, such as the
vocational expert, may be anywhere: in the room with the claimant, in
the room with the distant judge, or even at home and testifying via
telephone.
Why
would a claimant sign up for a cockeyed arrangement like a hearing by
Video-Teleconference? The main selling point is that it reduces the
waiting time and allows a hearing to be scheduled sooner. I'm not sure
this is true in all cases; it might be true in some cases. But there
are downsides to the VTC arrangement for the claimant. I will admit
that I have been involved in some video-teleconference hearings
that went smoothly and without objection. On the other hand, I have
been involved in some VTCs that were a nightmare. You don't know which
experience you will have until you get there--and then it is too late.
Here are my main objections to the use of video-teleconference hearings:
One,
it's just more impersonal and removed. You aren't able to look people
in the eye when you speak to them. And it opens up the possibility of
communications problems: you can't hear the vocational witness because
of a poor telephone connection, or similar problems.
Two,
and this is my worse fear, you lose the option to appear before a local
judge who is known and have a hearing before a judge at the national
hearing center in Chicago or some other distant location. Chances are, I
have never met this judge and know next to nothing about him or her.
And the judge's award rates are often much lower than the judges in the
local hearing office. Again, you don't know whether your case is going
to the national hearing center or not until it's too late. Opting out
of the VTC hearing at least guarantees that you will get a local judge.
Under
current rules, every claimant has a right to opt out of
video-teleconference hearings and to appear in person before a judge.
There are conditions:
1. You or your representative must opt out of the VTC in writing.
2.
You may only opt out after the request for hearing has been filed and
ODAR has sent you the written notice of your right to opt out (which
will include a form to opt out of the VTC).
3. You must opt out within 30 days of receiving the above notice (and obviously before the hearing has been scheduled).
Will opting out of a VTC cause a delay
in getting your hearing scheduled? It may. I honestly don't believe
there is any way to know that for sure on a case by case basis. While I
am aware that my clients are often suffering financially and need
closure as soon as possible, I am also aware that I need to give my
client the best chance I can of getting an award rather than a denial.
Claimants should know that they have the right to get an in-person hearing, if they follow the rules set forth by Social Security.
