If you are keeping in touch with the Office of Disability Adjudication and Review (ODAR) which is preparing your case for hearing, you may be told that your case has finally been assigned to an Administrative Law Judge (ALJ).  

However, ODAR may not tell you is how much longer it will take to get a hearing date, now that your case has been assigned to a Judge.  So, how long after your case is assigned to a judge will it take to get a hearing?

I normally estimate that a hearing will be scheduled between 60 to 90 days after a Judge has been assigned to a case.

By the time a case has been assigned to a Judge, the case file, which includes all the records and other evidence Social Security will use in deciding your case, has been “worked up” by ODAR staff.  The file has been organized, duplicate records removed, and things have generally been cleaned up for the Judge’s review. 

Keep in mind that finding time on the docket for your hearing may increase or decrease your wait time.

• If the Judge has an opening due to a cancellation, your case might be put into that spot, resulting in a quicker hearing.
• If the Judge’s docket is full, your hearing may be pushed back until the next set of open hearing times.  This may be several months away. 

What was your experience with getting a hearing after your case was assigned to a judge? Tell me in the comments!

I previously wrote about how Social Security may move a case from one hearing office (Office of Disability Adjudication and Review – ODAR) to another to try to ease case congestion and speed up processing.

Usually, there is nothing to worry about when this happens. However, there is something you do need to watch out for. If you are not careful, you could delay the decision in your case, or even reduce your chances of winning.

If your case is transferred to a different hearing office, be sure that you are submitting evidence to the right ODAR office. If you send records to the wrong office, your evidence may not get into the file. This means the judge may miss critical evidence that could make all the difference in your case.  

How to make sure the evidence gets into your file

Social Security is moving to completely digital files. The days of simply mailing records to the right ODAR office are nearly over. In most cases, Social Security requires electronic submission of records.

If you are working with an attorney, he or she can submit records using Social Security’s Electronic Records Express (ERE) service.

If you do not have a lawyer, you can either fax in your records and other evidence, or send your records to a Social Security scanning center to be processed and entered into your file. Either way, you need to add a cover sheet with a Social Security bar code with each submission of evidence. 

Social Security uses the bar code not only to identify your case, but also identify your file so the evidence goes to the right place.

If your case is transferred, you may need to obtain a new bar code to make sure your evidence gets into your file at the new ODAR office. 

How do you get an updated bar code?

Just ask.

If your file is transferred to a different ODAR office, you will receive a notice letting you know this has happened with the new office’s address and phone number. You should also get a new bar code automatically from that hearing office as well.  If you do not get a new bar code, or if you lose it, you can call the new ODAR office and request a replacement.

What if I lost the notice.  How do I find out which office has my file?

If you don’t know which office has your file, just call your local Social Security office or the Social Security 800 number (1-800-772-1213).  

TIP: You may get more up to date information from your local Social Security office.  Several of my clients have gotten quite a scare when they called the 800 number to check the status of their case, only to be told (mistakenly) that there was no appeal on their case. Fortunately, a call to the local office helped clear up the confusion.

Once you hire an attorney to represent you on your Social Security case, you may find that Social Security does not want to release any more information to you.  This is especially true at the Social Security ODAR (Office of Disability Adjudication and Review) offices.  

Don’t worry, there is nothing nefarious going on.  

It is just a general rule that once you are represented by counsel, all communication goes through your attorney.  This prevents Social Security telling you one thing and your attorney being told another, or nothing at all.  

However, in my experience representing claimants in Colorado, Social Security will often release information to claimants (people applying for Social Security benefits) if they ask.  If you need to know the status of your case, or which Judge your case is assigned to, ODAR will give you this information.  

But there is a bigger concern here:  If you have a question, you AND your attorney should be working together to find the answer. You and your attorney are a team working together to get to a win on your case.  You need to share information.  If you know something which your attorney does not, that might weaken your chances of winning.

You should be meeting with your attorney (not just the legal assistant) on a regular basis to review changes in your treatment and symptoms, to keep you informed about what is happening in your case and answer any questions you may have.  These meetings are a great time to contact the ODAR office and get any information you may need.

Every once in a while I get a panicked call from a client:

I called Social Security about my case.  

They don’t show an appeal was filed. What happened?!

I ask which Social Security office they called: the local Social Security office, the appeals office (Office of Disability Adjudication and Review – ODAR), or the toll free Social Security 800 number?

Even though all Social Security information about a case should be available to any person you speak to at Social Security, in practice, this does not always work. Even though Social Security does not mean to panic you, misleading or just plane wrong information is sometimes given out.

If you want to avoid the risk of getting incorrect information, you have to contact the right Social Security office with your questions.    

How do I know who to contact?

Here is a quick guide on which Social Security office to contact:

• If you have recently applied, your file is most likely at either your local Social Security office, or at your state’s Disability Determination Services (DDS) office. 
• If you have been denied, but have not yet appealed, your file has most likely returned from DDS back to your local Social Security office.
• If you have been denied, and have filed your appeal, your file may either be at the your local Social Security office, or at the Office of Disability Adjudication and Review (ODAR).  Ultimately, the file will be at ODAR to prepare your case for your hearing, but in the first 30 to 60 days after filing the appeal, the file could be at either location.  Call your local office and then the ODAR office (your local office will have their phone number if you do not).
• If you have appealed and received letter from ODAR confirming the appeal, your file is at the ODAR office being prepared for your hearing.
• If you have had your hearing but have not received a decision, your case is still being handled by the ODAR office (even if the case file may be out of the office with a decision writer).
• If you have already received a hearing decision, your file is going back to your local Social Security office.
• If you have won and are waiting for your benefits to start, your claim may be processed by either your local Social Security office (for SSI benefits) or a regional payment center (for Disability Insurance benefits).  In either case, contact the local Social Security office. 

When you are waiting for your Social Security hearing, it can come as a shock to receive a letter telling you that your case has been transferred to a different hearing office in another state.  

Attorney Donald Chewning writes about this on the Wisconsin Disability Blog.

If you are awaiting a hearing before an Administrative Law Judge in Wisconsin you may have noticed that the hearing has been scheduled before a judge in California.  In my practice in northeastern Wisconsin,  most of my cases  would ordinarily be heard by judges from the Milwaukee Office of Disability Adjudication and Review (ODAR).  However, since March 2008 the Social Security Administration has shifted responsibility for cases normally heard by Milwaukee judges at the Green Bay and Oskhosh hearing offices to other ODAR branches.  For instance, cases heard at the Green Bay hearing office are being sent to the Oakland, CA ODAR.

For many people, having their case moved to another state causes a lot of stress and worry.

Why was my case moved?

What does it mean for my case?

How much of a delay is THIS going to cause?

Does Social Security think I can travel out of state for my hearing?

Often, there is a good reason for moving the case and it can actually help you!

Moving a case usually speeds up processing time.

Fortunately, having your case moved out of state usually means FASTER processing and LESS TIME waiting for your hearing.

When Social Security moves a case out of its home state, or to a different Office of Disability Adjudication and Review (ODAR) office, they are trying to ease the caseload on an overburdened office. Cases that would otherwise be kept waiting, are moved to a less busy ODAR office.

As you know the wait time for Social Security hearings varies greatly accross the country.  By moving cases around, Social Security hopes to balance out the more congested ODAR offices and reduce those 3+ year waiting times.

Don’t worry, you won’t have to travel out of state for your hearing.

When Social Security sends a case to another ODAR office, they either physically bring in the judge to your nearest ODAR office to hold the hearing, or they hold the hearing via video conference at your ODAR office. You go to your nearest ODAR office (Social Security will tell you where it is), and the judge stays in his/her home state.  The hearing is done over video.

Social Security is even expanding the video hearing system by building a new hearing division that will just handle video hearings in backlogged states.  

Update 05/21/09: Social Security just opened its second National Hearing Center (NHC), a video only hearing center, in Albuquerque New Mexico (the first was in Falls Church, Virginia).  Three additional NHC are set to open between 2009 and 2010.

If you receive a notice that your case is being moved, don’t worry.  Nothing bad is happening.  Social Security is just trying to get your case done sooner.

Via Wisconsin Disability Blog.

My last article talked about why it is so important to review your Social Security exhibit file.

But how do I get a copy of my Social Security file?

If you already have a hearing scheduled, Social Security will tell you in the Notice of Hearing that you should arrive thirty minutes before your hearing and you will then have a chance to review your file.

However, 30 minutes is NOT enough time to review your file. If you are like most people, you have never seen a Social Security file. If you simply start at the beginning of your file, your case may be called before you even get to your medical records.

Hint: the medical records are kept in the very back of the exhibit file in the “F” section.

Instead of a paper file, your case may be kept in an electronic format. If so, you will be handed a cd and pointed at a computer.

There is a better way to review your file.

Whether you have a paper file or an electronic file, you can request to review your file before your hearing. I, personally, recommend reviewing your file once your have appealed the initial denial and your file has been transferred to the Office of Disability Adjudication and Review (ODAR).

Once your file is transferred to an ODAR, you will receive a letter confirming the receipt of your appeal. This is the letter that tells you that you will notified 20 days before the hearing.

Usually in the top right corner you will find the ODAR address and telephone number. Just call the number and ask the receptionist how you can either get a copy of your file, or how your can review your file at the ODAR office.

If you have a paper file, the ODAR staff will schedule a time when you can come in and either review or photocopy the file.

Tip: if you request to copy the file, it is a good idea to bring your own copy paper, two reams should be enough. Some offices will tell you this. If they forget and they do not have any paper (and you did not bring your own), you may need to reschedule your appointment.

Note: if the file has been permanently moved to an out-of-state ODAR office, that office should be willing to copy your file and mail it to you. After all, how are you supposed to prove your case, if you do not have a chance to see what Social Security has in your file?

If your case is an electronic case file, ODAR will probably send you a copy of your file on CD. The CD contains an electronic version of everything in your case file. If you have a computer, viewing the exhibit file may be as simple as putting the disk in your computer. An internet browser should pop up displaying all the sections of the case file. You can then click on each exhibit to see what it contains.

Note: Even though you view the exhibit file through an internet browser, you do not need internet access to view the exhibit file.

If you do not have a computer, you may be able to view the file at your local library, or you can schedule time to view the file at the ODAR office on one of their public computers.

Make sure to give yourself plenty of time to review the file and bring a notepad to jot down any questions you have.