SSA Update: Updated Prehearing Review Procedure
The Social Security Administration (SSA) has established a "Prehearing Review" procedure, (similar to, but different from an "On the Record" review), which may be another good opportunity for SOAR appellants to receive a decision without a hearing. Under this procedure, SSA may only issue a revised determination if it is fully or partially favorable to the applicant
Under certain circumstances, when Disability Determination Services (DDS) makes an error, SOAR representatives can ask the Office of Disability Adjudication and Review (ODAR) to send the case back to DDS for a pre-hearing case review. The Administrative Law Judge (ALJ) can also make this referral.
An ALJ may refer a case for a prehearing case review if:
- additional evidence is submitted,
- there is an indication that additional evidence is available,
- there is a change in the law or regulation, or if
- there is an error in the file or some other indication that the prior determination may need to be revised.
Why Wouldn't an ALJ Just Award "On the Record"?
The reason may be in part due to the large backlog of cases at ODAR. Currently, just over 1 million claims are awaiting a hearing! DDS may be able to make a quicker decision on these cases because of the additional supporting documentation. Remember, DDS issues a shorter decision notice, while ODAR must write a lengthy decision, which often takes months to write.
For more information about this process read the
full article on the SOARWorks website.