It’s critical that Social Security Disability claimants understand the current state of affairs and manage their expectations accordingly.”
WINSTON-SALEM, N.C. (PRWEB)
August 15, 2021
Throughout the Covid-19 pandemic, the Social Security Disability lawyers at Winston-Salem, N.C. based Collins Price, PLLC have made a point of keeping clients and potential claimants informed. After months of uncertainty, the firm says the pandemic continues to disrupt the Social Security Disability benefit process, impacting pending claimants and those who may apply in future.
Founding Attorney and Partner Brad Collins says while these changes and disruptions aren’t always negative, it is important to know what to expect when applying for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits during the pandemic.
“While delays are common when working with the Social Security Administration (SSA), it is uncommon to see so much change over such a long period of time,” Attorney Collins said. “It’s critical that Social Security Disability claimants understand the current state of affairs and manage their expectations accordingly.”
One of the first and most impactful changes the Social Security Administration (SSA) made in response to the pandemic was to close local field offices. As a result, all in-person hearings which took place at those offices were also cancelled. In their place, the SSA offered claimants two options: they could wait on an in-person hearing or they could conduct their hearing by telephone.
This directive went into effect in March 2020 and remains in effect today with no indication to date from the SSA as to when in-person hearings might resume. Given the lengthy delay, Founding Attorney and Partner Andrew Price is advising most clients to continue forward with telephone hearings.
“Many Social Security disability claimants have been out of work for months, and in some cases years. They are in dire financial straits,” Attorney Price said. “Consistent with their need and because the delay for an in-person hearing is so substantial, we advise claimants to move forward with telephone hearings in almost every instance.”
Combined, the Social Security Disability attorneys at Collins Price, PLLC say they have conducted hundreds of telephone hearing with positive experiences to date. Their firm has also been in contact with the SSA throughout the pandemic to express their desire to return to in-person hearings as quickly and safely as possible. Attorney Collins says their experience suggests that in-person hearings are more favorable to claimants.
“Judges have an opportunity to meet the claimant in person and as a result, the claim narrative is more compelling,” Attorney Collins said. “We all know it’s easier to read body language, cues and for judges to experience some claimant’s disability impairments in person.”
As of this writing, the SSA is still unsure when in-person hearings may resume. There has been some discussion within the agency about moving to telephone hearings long-term or even introducing video hearings as an alternative.
The other area of the Social Security Disability claims process most impacted by the Covid-19 pandemic is local and state hearing office delays and timelines. Thankfully, not all these changes have been negative and, in some cases, waiting periods for disability benefits are shorter than expected.
According to the SSA, most disability claims are denied at the initial stage. That’s why most claimants end up in a hearing. To proceed to a hearing, claims originate at the local Social Security field office, then they move to North Carolina’s statewide Disability Determination Services (DDS) office.
At DDS, claims are evaluated at both the initial and reconsideration level. If claims are denied at reconsideration and appealed on a timely basis (within 60 days according to SSA’s rules), they move to the Office of Hearing Operations (OHO) that has jurisdiction in that claimant’s area. Even without a pandemic, delays are common in the process. It can take years for a claimant to receive a disability decision.
Attorneys Collins and Price say Covid-19 continues to cause disruption to the ‘typical’ disability deadline.
On one hand, telephone hearings speed up hearing scheduling which is positive for claimants waiting on a hearing. On the other hand, North Carolina’s DDS office is moving more slowly, causing extended delays at the initial and reconsideration levels. Recently, to address the backlog, SSA is transferring some claims out-of-state to new judges which creates its own set of challenges and considerations. But it’s not all bad news.
Attorney Price says now more than ever, claimants should exhibit patience, ensure they have their medical documentation in order and consider working with a qualified disability lawyer on their claim.
“This is not a time to wing it or go in unprepared,” said Price. “The key is to present with the strongest possible claim, and to remain as organized as possible throughout the process to ensure the best result.”
About Collins Price, PLLC
Collins Price, PLLC is a Social Security Disability law firm founded by Attorneys Brad Collins and Andrew Price in 2012 and headquartered in Winston-Salem, N.C. Both partners met at Wake Forest University where they attended law school. Collins Price, PLLC focuses on the practice of Social Security Disability Law, serving clients seeking or appealing denied benefits for the Federal Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) programs. Collins Price, PLLC serves claimants throughout North Carolina and specifically serves Winston-Salem, Greensboro, Lexington, Mount Airy and the greater Charlotte, N.C. area. For more information about our Social Security Disability Attorneys or about Social Security Disability benefits, please visit us online at http://www.CollinsPrice.com.
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