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Hearing Offices are caught up

By Gordon Gates on January 2, 2025
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Here in Maine and New Hampshire, where I attend Social Security disability hearings with administrative law judges, the hearing offices have caught up. Hearings are being scheduled promptly, with 75+ days notice, after the hearing request is processed. Many years ago, when I started handling these cases, the hearing offices had a large backlog of cases, and hearing delays were well over a year, sometimes 2 years. That was a long time to wait for a person unable to work to earn an income.

Social Security committed resources to improve the situation. Technology and the electronic claim file have certainly helped. It is terrific to see these cases move expeditiously now at the hearing level.

At the initial and reconsideration levels of review, however, delays have gotten worse. There seem to be enough disability adjudicators making determinations. And again, technology and the electronic claim file have helped, because claims can easily be transmitted to offices that have available capacity.

The problem is that each disability claim must go through a medical review, and there are simply not enough doctors reviewing these claims. After a disability adjudicator has gathered the medical records, a completed Work History Report, and an Adult Function Report, the claim goes into a queue for medical review. And it may sit in the queue for months before it is assigned to a doctor to review the claim and assess a residual functional capacity. Sometimes that in-house doctor will not have sufficient evidence, and a consultative exam is scheduled. That can add another 1-2 months to a claim, because there are a limited number of doctors conducting those examinations. As a result, some initial claims are taking 8-9 months for a determination. That is longer than it should be.

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Posted in:
    Financial
  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
  • Article: View Original Source

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