Mediation is an alternative form of dispute resolution in which parties meet with a third-party neutral, called the mediator. Many federal and state governmental agencies utilize the mediation process because it offers faster and less expensive ways to reach a decision in a case. There are several different types of Social Security cases that may be explored in mediation.

Claims Against Commissioner

If a Social Security claimant believes that the Social Security Commissioner denied his or her claim incorrectly or otherwise is in violation of Social Security rules, the commissioner may agree to conduct mediation with the party. This is often because both parties can benefit from mediation, including sparing them both the substantial expense, inconvenience and distraction of litigation. In these cases, the mediator may make suggestions regarding procedures that can be implemented to get the parties to reach an agreement. The mediator may meet with the parties separately in caucuses, as well as together in order to deliver proposals that can help bridge the gap between the parties.

Divorce Cases

For many individuals, the receipt of Social Security benefits is their largest source of income during their retirement years. As such, it can be a serious point of contention between spouses during divorce. The distribution of benefits often weighs against women during divorce. Current Social Security laws permit the lower-earning spouse to receive benefits on his or her spouse’s work record, provided that certain conditions are met. However, many women earn less than their spouses or have lost years of earnings due to raising children or making other contributions to the household. By working through mediation, the parties may be able to wind up with a more equitable solution between them to factor in the discrepancy in Social Security earnings.