after getting a socail security disability lawyer how long before something happens?

by Carlos Leannon 3 min read

The process can take anywhere from one month to three years, depending on where you live and the complexity of your case. It typically takes up to six months to receive a decision when you initially apply for disability. If you are denied, you have the right to a Request for Reconsideration.

Full Answer

How long does it take to get a Social Security disability decision?

The Social Security Administration (SSA) website claims that applicants typically wait three to five months to receive a decision —but how long realistically should you expect to wait? We’ll break down the timelines, expectations, and what-if scenarios of the Social Security Disability (SSD) application process.

Why is my disability application taking so long to process?

The disability examiner or the supervisor may discover, late in the process, that the a particular condition was not investigated, because it hadn't been discovered in the previously gathered medical evidence. This can cause delays. Will the case get a technical review?

How long should you wait for Social Security disability benefits in California?

Wait times differ across the country, but it is a good bet to expect to wait for at least six months. According to the SSA, the shortest wait times are in Shreveport, LA, with 6 months; Metairie, LA, with 6.5 months; Moreno Valley, CA, at 7 months; and Stockton, CA, with 7 months.

How long do I have to wait to reapply for disability?

You must wait at least 12 months before you reapply to avoid automatic denial of your next disability claim.

How long does it take for a decision to be made on disability?

about 3 to 5 monthsGenerally, it takes about 3 to 5 months to get a decision. However, the exact time depends on how long it takes to get your medical records and any other evidence needed to make a decision. * How does Social Security make the decision? We send your application to a state agency that makes disability decisions.

How long does it take to get Social Security disability Once approved?

Unfortunately, Social Security disability claimants typically have to wait one to two months after approval before they will see their first Social Security Disability monthly payment. In most cases, it will take even longer for you to receive your back pay.

How long after I receive my award letter will I get my money?

Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.

Can you speed up disability process?

The Social Security Administration (SSA) can expedite processing for disability applicants who have certain medical conditions, face especially trying personal circumstances or served in the U.S. military.

How far back does Social Security disability pay?

12 monthsYou will receive disability pay back to the date of your disability onset – but no farther than 12 months before you filed your disability claim. The first 5 months of a disability are non-payable.

What is the most approved disability?

1. Arthritis. Arthritis and other musculoskeletal disabilities are the most commonly approved conditions for disability benefits. If you are unable to walk due to arthritis, or unable to perform dexterous movements like typing or writing, you will qualify.

How will I know if my Social Security Disability is approved?

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.

What happens after Social Security Disability is approved?

Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.

What is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

What conditions automatically qualify you for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

Why do you have to wait 5 months for disability?

Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

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How long do you have to wait to get SSDI?

Once you receive SSD approval, you must wait 24 months. Then, you receive automatic enrollment into into Medicare Part A (hospital insurance) and Part B (health insurance). The federal government manages Medicare to specifically cover individuals aged 65 and older.

When will I get my disability in December?

So, you won’t receive your December disability benefits until the following January.

When do you get your first Social Security check?

According to the Social Security Administration, claimants who win Social Security disability approval get their first payment during the sixth full month after the date their disability began . For example, if your disability started on June 1, you should get your first check in December – six full months after the condition’s onset.

Is disability insurance difficult?

For many Social Security disability insurance (SSDI) applicants, the claim process can be challenging. But upon receiving your Social Security disability approval, it’s important to have a good understanding of next steps. From knowing when your benefits will begin to knowing what types of medical coverage you may receive, ...

Can I get SSDI with an attorney?

Getting SSDI benefits can be a real challenge. However, a qualified disability advocate or attorney charges $0 for legal assistance unless you win benefits. People who file claims through an attorney are 2x more likely to win benefits on their first try.

How long does it take to get a Social Security exam report?

The Social Security Administration makes it clear to the consulting doctors who conduct the medical exams for Social Security that the doctor's examination report should be sent to DDS within 10 business days from the date of the exam. This means basically two weeks.

What happens if you call the DDS after a disability exam?

If you call the DDS (Disability Determination Services) after your exam, you might get the answer that the claims examiner is simply waiting on the results ...

Why is disability not investigated?

The disability examiner or the supervisor may discover, late in the process, that the a particular condition was not investigated, because it hadn't been discovered in the previously gathered medical evidence. This can cause delays.

What happens after a consultative exam?

After attending a consultative exam per the request of a disability claims examiner, most disability claimants are eager for an answer on whether they will be granted disability benefits.

How long do you have to wait to get Social Security?

Recipients in this category have to wait the longest to find out whether they get to keep their benefits— five to six months, sometimes more.

How long does it take for Social Security to do a medical review?

Most people who fill out the mailer and send it in will get a letter from Social Security after one to three months saying that Social Security does not need to do a medical review at this time. This means you do not have to go through a CDR at this point and your CDR is deferred until your next periodic review.

What is a SSA 454?

If you receive Form SSA-454, called the Continuing Disability Review Report, means that you're getting a CDR. You need to fill out this form in full and send it in.

What is the first level of appeal in a CDR?

In most states, the first level of appeal is called reconsideration; it is essentially a review of the file by a different claims examiner.

What is the short form for Social Security?

Most disability recipients receive the short-form Form SSA-455 —what the agency calls a "mailer"—with just six questions, whose answers Social Security can scan into its computers. Other disability recipients receive the long-form Form SSA-454. How long the review takes depends on whether you receive the mailer, the long-form report, or both.

What does it mean to have a low profile on Social Security?

A low profile means you have a low probability of showing medical improvement, and you'll be less likely to have to undergo a CDR. Social Security determines your profile by looking at your age, any recent earnings, your impairment, how long you've been receiving benefits, and the date of any previous CDRs.

How long does it take to get a medical record from Social Security?

Social Security will then do a full medical review (FMR) of your case, which may take three to five months.

How long does it take to appeal an SSD claim?

The SSD application process doesn’t end if your first claim’s denied. Instead, you have 60 days from the day your denial letter arrives to file an appeal. However, where you live largely determines how long you’ll wait for an appeals hearing. See average appeals hearing wait times in your state or region here. Currently, the national average wait time for an appeals hearing is 11.8 months. In other words, you’ll wait at least 1.5 years from the date you apply if you win SSD benefits on appeal.

How many steps do you have to take to appeal a disability claim?

Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases. Appealed disability claims have four steps before you should attempt to reapply for benefits. The SSA may approve your claim at any point in this process: Reconsideration.

What is the ODAR for disability?

The ODAR is the department that schedules and holds disability hearings and fields all SSA applications, including retirement and survivors benefits. Because there is a limited number of judges and the ODAR’s two case-processing divisions have only a few hundred offices across the country, this part of the process can take up a large chunk of time.

How to appeal a disability claim?

Appealed disability claims have four steps before you should attempt to reapply for benefits. The SSA may approve your claim at any point in this process: 1 Reconsideration 2 A hearing with an Administrative Law Judge (ALJ) 3 An appeals council review 4 Federal court

What information should I include in my disability application?

You should also provide names of all doctors who treat you, facility addresses (including hospitals, doctor’s offices and anywhere else you go for treatment) and your appointment dates. Offering all necessary information from the start saves the disability examiner from having to track it down later. In fact, those steps are often most responsible for slowing down the entire process.

What is the first step in the long claims process?

According to Tim Moore, a former disability examiner for the SSA, the first step in the long claims approval process is to send your Social Security disability benefits application to a state disability agency, which is also called Disability Determination Services (DDS).

How many ALJs are there in the SSA?

The ODAR will then schedule your case and notify you of your upcoming hearing date. According to the SSA, approximately 1,535 administrative law judges (ALJs) make more than 558,000 rulings every year, so it can take a while.

Where are disability claims processed?

Most Social Security disability claims are initially processed through a network of local Social Security Administration (SSA) field offices and State agencies (usually called Disability Determination Services or DDSs). Subsequent appeals of unfavorable determinations may be decided in a DDS or by an administrative law judge in SSA's Office ...

What is a claimant in a disability application?

(The "claimant" is the person who is requesting disability benefits. )

How long does it take to get a Social Security denial letter?

In a survey we took of our readers who had gone to a Social Security disaiblity appeal hearing, it took on average about seven weeks to get an approval letter after the hearing, and almost ten weeks to get a denial letter.

How long does it take for a judge to make a decision?

If your lawyer is familiar with the judge, he or she may have an idea of how long that judge is known to take to issue a decision. The average is eight weeks. You can also call your hearing office to ask about the status of your particular case.

How long does it take to get a decision from a hearing?

It can take anywhere from two weeks to three months or more.

Does Buffalo have a long wait for hearings?

Answer. New York's hearing offices are experiencing long wait times for hearings, and the Buffalo office in particular has a long backlog of disability cases. Long wait times for hearings also generally mean longer than usual wait times for the final decision letter. That said, it does often take longer to get a denial decision from a judge ...

Can I call my Social Security payment center?

The numbers for payment center modules are not given out by the Social Security Administration (SSA) to the public. In some cases, however, your attorney may have the number for the payment center and may be willing to call on your behalf.

Can you get SSDI if a judge approves your medical?

Answer. Just because a judge approves your medical eligibility doesn't mean you'll be approved for benefits. Social Security checks again to see that you still qualify for SSDI or SSI and that you are not working above the substantial activity amount. (Learn more about what happens to your disability claim after a judge approves it .)

Can Social Security disability be reinstated?

If your Social Security Disability benefits ended because you had earnings and then those earnings stopped due to your disability , you can request that the SSA reinstate your benefits again without having to actually complete an entirely new Social Security Disability application.

How can I check the status of my SSDI back pay?

Your back payment will most likely come sooner, as a result of local effectuation by the office handling your disability claim. And, you can check for a status of your back payment with the claims specialist (at the Social Security office) working on your disability claim.

What happens when SSI is suspended?

The suspension means that the person is not eligible for SSI in the moment, but the benefits will start again when the person again meets the requirements to get SSI . Once the proof is provided and the benefits are reinstated, the payments will begin again.

What happens if I get approved for both SSI and SSDI?

In certain circumstances, you can collect SSI and SSDI at the same time (this is called receiving “concurrent benefits”). This happens when a disability applicant is approved for Social Security disability insurance benefits (abbreviated as SSDI ) but receives only a low monthly payment.

Can you get both SSI and SSDI back pay?

If you are awarded both SSI and SSDI benefits, you may have to wait longer to receive your back pay than you would if you were receiving SSDI benefits alone. Therefore, it’s possible that SSDI back pay allowances would be counted as income, which would then offset your SSI benefit amount.

How can I get my SSDI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration ( SSA ) and ask that they release funds to you early.

Can SSI cut you off without notice?

The Social Security Administration sends you a letter to notify you of any changes in your status, such as beginning or ending of benefits due to ineligibility. The Social Security Administration cannot cut your benefits without notice .