PRESENTING EVIDENCE - HEARING LEVEL

For an ODAR (Office of Disability Adjudication and Review) hearing, evidence may be submitted to the administrative law judge up to and including the day of the hearing.  It is advantageous, however, to submit evidence will in advance of the hearing.  Not only does this give the judge an opportunity to review evidence in your file, it also increases your chances of an on-the-record decision.

 Representatives are aware that medical evidence in disability cases should be requested early in the process.  Many doctors contract with other agencies to handle requests for medical records.  I've seen it take up to 6 weeks to get a medical file.  After I receive the file I need time to study it, make notes for my brief, copy it and submit it to the electronic folder.

 One of the best things Social Security has done is to give representatives access to the claimant's electronic file.  We can now see in real time what is in the claimant's disability case file.  More importantly, we can electronically submit new evidence almost instantly.

 Assembly of evidence is a critical part of developing a Social Security disability case.  Aside from medical records, there are other pieces of evidence that should not be overlooked if they are appropriate for the case at hand.  I am going to list just a few things that, in addition to doctor's records,may be helpful in a disability case.

  • Function Report - the claimant tells about his own activities.
  • Function Report - Third Party - someone else describes the claimant's activities of daily living, including limitations, things he needs help with, etc.
  • A written statement from a spouse, relative, friend or former employer which addresses the claimant's condition and how it affects him/her.
Even if Social Security does not ask you for these documents, you may still submit them and they will be considered as evidence at the appeal (hearing) level.  My main website addresses many issues involved in a Social Security disability hearing and you may view this site here.



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