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Are Senior Attorney Advisors Speeding up the Process?


The backlog of disability cases has made scheduling hearings more challenging than ever. The time frame for the pursuit of disability benefits has grown due to the increasing number of applications. To alleviate the burden on ALJ’s the Social Security Administration has implemented the Senior Attorney Review process again. This alleviates the burden on the administrative law judge by giving the Senior Attorney Advisors the authority to review and make the final decision on OTR appeals. This process allows the attorney advisor to completely bypass the ALJ and frees up the ALJ to review more complicated cases. The ALJ’s staff can therefore expedite the process of the disability claim and does not have to have the administrative law judge review the case.
Kennedy & Associates, Inc has successfully entered thousands of On The Record briefs.
Through the use of On The Record argument a claimant can avoid the long wait of scheduling a hearing before an administrative law judge. This can shorten the timeline of the process considerably.
Kennedy & Associates, Inc. gathers all medical records of the claimant, reviews the information and writes the On The Record brief.  Twenty six years of experience has allowed us to expertly hone our skills, streamline processes, and develop a wide library of resources pertaining to medical impairments and the Social Security Disability benefits.
The time to get to a hearing can vary depending up the district office it is going to. It can take as long as 2 ½ years or average around 18 months.
Social Security Administration is focusing on cases over 900 days old or longer and giving them priority. Hard to believe a person could maintain for a period of 1000 days financially. “Odar began FY08 with 135,160 cases which are or will become 900 days old in FY08.” The current total cases pending are 746,744. Of the total cases pending 18.1 percent (134,413) are 900 plus days old.

Many claimants and policyholders alike are often under the impression that they have lost the opportunity to file for Disability Insurance Benefits after five years of being out of work.

The fact is that unless Social Security has made a medical determination after the claimant's date-last-insured (DLI) for benefits, there is a viable claim (at least technically). Even if a medical determination has been made, investigation into the claim is warranted.

The doctrine of res judicata applies when a subsequent application is made based on the same facts and issues in a case. If a medical decision is made after the DLI, most res judicata cases are dismissed summarily, without consideration of the medical evidence.

So are all apparent res judicata cases lost causes? Mr. Kennedy says, "No, not if there is new and material evidence. The evidence, in and of itself, has to be significant. However, if the information contained within the evidence would be disabling in combination with the other impairments already in the record, it may be enough.”

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Revised: March 12, 2010.