How does the governmnet shut down impact my Social Security disability case?

The government shut down is not helpful to the Social Security Administration (“SSA”), to say the least.  The Agency already takes a long time to process claims and now they will be further behind.

As to how the shut down impacts your case, it depends on where you are in the process.  The SSA has prepared a SSA contingency plan which lists the activities that SSA is still doing as well as the services that they have stopped providing.  If you are filing an initial application or request for reconsideration, you may still do so.  You will find it faster to file it online.  Although the SSA is still accepting applications and appeals, they are operating the field offices with fewer employees so it is best to file online.  As to how fast your case will be adjudicated, it is a guess.  The normal processing time is two to six months.  According to the Agency’s Contingency Plan, the State Disability Determination Services (DDS) is still operating.  Your case should therefore be processed within that time frame.

If your Request for Reconsideration is denied, you may file a Request for a Hearing in front of Administrative Law Judge.  Unfortunately nothing is likely to happen after that until the government is funded.  According to the contingency plan, the Office of Disability Adjudication and Review is not scheduling hearings.

If your case has already been scheduled for a hearing, you will still likely have it but it is not clear if all the exhibits will be in the file or how you will be able to see the file.  Although the judges are still holding hearings, they do not have support staff.  The tasks normally performed by support staff such as preparing the exhibit file, sending out notices, putting the file in order, and developing the record,  are not being done.  There is a fundamental unfairness to proceeding with a hearing with an unprepared record.  I would caution anyone with a hearing now to find an attorney and not proceed with a hearing until you have seen the record and you are sure that it is complete.

After  a hearing, it is again unclear when a decision will be forthcoming.  There is no one to write it or send it out.

The contingency plan does not discuss staffing at the Appeals Council.  Even when they are working, an appeal takes two years.  It is unlikely they are working with a full labor force.  If you have an appeal pending, it is going to take longer.

Let’s hope that the government shut down is resolved soon before the waiting times become atrocious.

San Francisco Social Security Disability & Immigration Law Firm

The Law Office of Geri N. Kahn assists San Francisco Bay Area residents with immigration and Social Security disability cases.
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