It seems like every day Social Security is coming up with a new rule or regulation that you are expected to comply to. Here at Mountain West Disability we do our best to ensure that we are following all of these new rules and regulations as well as do our best to educate our clients on Social Security’s expectations.

One of Social Security’s fairly new rules is what they call the “5 Day Rule.” The 5 Day Rule states that all evidence (such as medical records, physician statements, etc) must be submitted within 5 business days of the hearing to be considered by the judge. This means that any evidence submitted within this five day period will not be given to the judge and will have no affect on your claim.

Exceptions to the 5 Day Rule

Social Security does have exceptions to this rule. These are as follows:

  1. Action(s) by the SSA misled you about how to prepare for your hearing. Getting evidence approved because of this exception is going to be difficult to impossible. When your hearing is scheduled Social Security sends out a multiple page notice to all applicants that explains this rule.
  2. A “physical, mental, educational, or linguistic limitation” prevented you from meeting the deadline. Again this is going to be extremely difficult to prove.
  3. An unexpected or unavoidable situation occurred that was beyond your control. If a medical emergency, or some other situation occurs that is beyond your control Social Security will allow for additional time to submit evidence.

What You Can Do

If you are applying for disability without an attorney it is extremely important for you to gather all of your medical records. This will be from the time you became disabled up until your hearing date. Often, facilities can take weeks and even months to get records to you so it is important to get your requests in early. For any appointments you attend while your hearing is scheduled we recommend you ask for your records for the day at the appointment and submit it to Social Security as quickly as possible.

The very best thing you can do for your claim is to hire a disability attorney. Whether that is our office or another having an attorney who knows all the rules and can build your case for you is extremely beneficial. If you are interested in applying for disability or have already applied and been denied call our office today for your free consultation.



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