Understanding the Process of Social Security Disability Mediation

If a dispute arises in the context of Social Security Disability, the judge assigned to the case may order mediation or one of the parties may ask for it. Mediation is a confidential process in which the parties involved in a dispute try to resolve their differences through open communication with the assistance of a trained mediator.

Mediation is an opportunity for the claimant and Social Security representative to meet face to face. This can humanize the process and make the representative more aware of the claimant’s situation. Because the mediator is not a judge, he or she cannot impose a decision on the parties. Instead, the mediator’s role is as a facilitator. The mediator is an impartial person who helps the parties improve their communication. He or she encourages the parties to reach an amicable decision outside of court.

Mediation typically begins as a joint session. The mediator discusses ground rules and the confidentiality aspect of the proceeding. Each side then gives an opening statement about their view of the case. Then, the mediator may divide the parties into separate rooms. The mediator meets with each party individually, expresses his or her opinion on the strengths and weaknesses of their position and learns more about their side of the case. The mediator conveys offers and information back and forth between the parties. This is all conducted in order to help the parties reach an agreement of their case.

If the parties reach an agreement, this agreement is memorialized in writing and states the terms of the agreement. Important aspects of the agreement may include the finding of the disability onset date, the amount of back payments, the requirement for any additional medical evaluations and the payment of attorney’s fees from the award.