News & Reviews
Did you receive the SSA regulatory changes notice?
March 30, 2017
The SSA recently mailed notices to claimants with appeals pending at the Office of Disability Adjudication and Review (ODAR) regarding regulatory changes. These new rules apply to all hearing requests pending on May 1, 2017.
However, if I am Your Disability Attorney, you do not need to worry.
Scheduling Your Hearing
The Office of Disability Adjudication and Review (ODAR) previously notified claimants of the date, time and location of a hearing at least 20 days before the scheduled date. The new rule stipulates that the Notice of Hearing will be issued at least 75 days before the scheduled hearing date. For claimants who do not have an attorney, this rule change gives them more advance notice of the hearing date, time and location.
As Your Disability Attorney, I always notify my Clients in writing immediately upon scheduling a hearing, which has always been at least two months in advance, so this rule change does not impact my Clients.
Submitting Evidence and Written Statements
The ODAR previously allowed claimants to bring evidence to the hearing, if the evidence could not be submitted prior to the hearing. The new rule stipulates that all evidence must be submitted at least five days before the hearing. If a claimant misses the deadline and a decision has not yet been issued, the evidence will be accepted if the ALJ finds that one of the three enumerated conditions is met. If the ALJ does not find that one of the three conditions is met, the evidence will not be accepted.
As Your Disability Attorney, I am responsible for obtaining, preparing and submitting all the pertinent updated medical evidence for hearings, so this rule change does not impact my Clients.
The ODAR previously required claimants to request a subpoena at least five days before a scheduled hearing. The new rule stipulates that requests for a subpoena must be made at least 10 business days before a scheduled hearing (unless one of the three conditions is met), and a subpoena will only be issued if the ALJ thinks the evidence is necessary to decide the case, and the evidence cannot be obtained another way.
As Your Disability Attorney, I am responsible for requesting a subpoena, so this rule change does not impact my Clients.
The ODAR previously allowed claimants to bring a written statement to the hearing. The new rule stipulates that claimants who wish to submit a written statement must do so at least five days before the scheduled hearing (unless one of the three conditions is met).
As Your Disability Attorney, I submit a pre-hearing brief, so this rule change does not impact my Clients.