Wednesday, September 6, 2017

NEW RULE FOR SOCIAL SECURITY EVIDENCE

Evidence for your Social Security hearing must be submitted at least 5 business days prior to the hearing date.  Not just 5 days, 5 business days.

There are a few exceptions but administrative law judges for the most part are enforcing this rule to the tee.

If you are the claimant (disabled person) it is important to notify your representative as quickly as possible if you have or know of additional evidence.  This would include visits to new doctors, a new diagnosis or change in your medication, as examples.  Your representative depends on you to let him/her know when you've been hospitalized, seen a new doctor or obtained additional treatment or examinations. And this rule doesn't just apply to medical evidence, it applies to all evidence, including attorney's briefs, witness statements, job records, school records, etc.

In the old days, the attorney or representative could show up at the hearing with evidence in his briefcase and the judge would accept it.  Those days are now past.  The judge is going to ask, "Why did you not meet the 5 business days rule?"  And if there is not a reason that is specified in the regulation, the evidence will not be accepted.

The Bottom Line?  Notify your representative at once if you have any new or additional evidence you want to submit.   

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