after i get a lawyer how long does it take to get approved for disability

Full Answer

How long does it take for a disability claim to be approved?

First-time applicants may be approved in three months. In 2017, 24% or less than one out of three claims were approved. It is common for applicants to have to appeal their claims, especially if they are not applying with a lawyer. Appealed disability claims have four steps before a person would have to reapply.

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.

When should I hire a Social Security disability attorney?

Statistics from the National Organization of Social Security Claimants Representatives (NOSSCR) provide that those who hire an attorney are more likely to recover SSD or SSI. Therefore, we think it is in your best interest to hire an attorney as soon as you file for disability. Hiring an attorney may increase your odds of winning.

How long does a social security disaiblity appeal take?

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 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?

one to two monthsUnfortunately, 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.

What are the stages of getting approved for disability?

There are four stages for SSDI and SSI applications: Initial, Reconsideration, Hearing, and Appeals Council. These steps are the same for both SSI and SSDI applicants.

How can I speed up my disability approval?

Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.

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 far back does Social Security disability pay?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

What conditions are automatically approved 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...

What should you not say when applying for disability?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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.

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

How do you survive while waiting for disability approval?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

Does SSDI pay back pay?

If your SSDI application does take longer than 5 months to process, you will be awarded back pay and/or retroactive pay for up to 12 months. Back pay covers any time between your application, otherwise known as the EOD.

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Getting Approved For Disability Benefits

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First-Round Approvals

The fastest way for you to start receiving disability benefits is to get your initial claim approved on the first round of review. When this happens, you do not have to wait for an appeal, which can take years.

Reconsideration Approvals

Most people receive denials in the first round of review and the next step, or the first appeal, is called Reconsideration. At this stage, you can request an on the record (OTR) decision, but only with the help of an experienced Social Security Disability attorney, do you realistically have a chance of getting approved at this level.

ALJ Hearing Approvals

If you are denied at the Reconsideration level, your case will proceed to a hearing in front of the ALJ. The average waiting time for a hearing is currently in in the 15 – 20 month range from the time the Request for Hearing is filed with the SSA.

In how long can you get disability benefits with an attorney?

There are many disabled individuals hoping that by retaining the services of a disability lawyer, they can quickly get Social Security Disability benefits.

Disability benefits application process

A Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) process can take a long time.

Factors affecting the disability benefits process

Many variables potentially affect your disability benefits process and how long it will take for you to get your benefits or approval.

What can a disability lawyer do for you

Here is what a disability attorney may do to help you speed up (to a certain extent) your disability claim:

How long do you have to wait to file a disability claim?

That’s why many applicants find that they wait six months to two years before finally receiving benefits. Here’s what you need to know about various types of claims and a brief overview of the four stages of application and appeals:

How long does it take for SSA to approve a claim?

First-time applicants win approval in 3-5 months, on average. In 2020, the SSA approved a little more than 1 in 5 first-time applicants. Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases.

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

How many steps are there to reapply for disability?

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:

How long does it take to get a federal appeals approval?

The amount of time it takes for you to win approval depends on which level of appeal your claim must go through. For example, some applicants who have their claim approved after reconsideration may be approved within six months. Applicants who take their claim to the appeals council for review may experience a wait time of two years. Appealing to a Federal court may take more than a year after the appeals council.

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 long does it take to get a disability hearing?

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. This stage takes approximately two to seven months. If you are denied again, you have the right to Request for Hearing before an Administrative Law Judge.

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

Once you have a hearing, it will take approximately two to three months to receive a written decision in the mail from the Judge. The Judge will write a 10-15 page decision, regardless of the outcome, explaining why she or he decided favorably or unfavorably.

What can a lawyer do?

What a lawyer can do is to make sure that you don’t make procedural mistakes that will slow the process down. So, in that regard, a lawyer can help you speed up your case. But, hiring a lawyer does not mean your case will be sped through the line over others without a lawyer.

How long does it take to get a hearing in Maryland?

In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.

How much do Social Security attorneys get paid?

Otherwise, the Federal law says Social Security attorneys get paid a fee of 25% of your retroactive benefits, or $6,000.00, whichever is less, and only if you win your case.

Can I get a disability hearing faster?

There are many reasons to get legal representation when you suffer from a disability and are looking to get disability from the Social Security Administration. Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly. Can a lawyer help you get a hearing more quickly? No. What a lawyer can do is to make sure that you don’t make procedural mistakes that will slow the process down. So, in that regard, a lawyer can help you speed up your case. But, hiring a lawyer does not mean your case will be sped through the line over others without a lawyer. Can a lawyer help you get your benefits more quickly if you win? Possibly, especially if your lawyer has been handling Social Security Disability cases and has a relationship with the Social Security Administration. But are either of these a guarantee? Unfortunately, no. This is the case whether you have the top disability lawyers in Maryland or are representing yourself. The good news, though, is that our Social Security disability lawyers at Greenberg and Bederman are familiar with the law judges and the staff at Social Security, and we understand the rules to help you get your disability claim through the system. We do this by writing briefs to Judges, presenting the briefs how each judge likes to see them presented, collecting the proper medical evidence to prove your case, getting documentation to prove that you have dire financial needs, and by giving you tips to optimize your chances of collecting SSD or SSI.

How long does it take to get disability?

Under the law, a six months waiting period between your disability onset date and when you should get your first payment must also be observed. For example, if your disability started in June 2020, your payment will start in December of that same year.

What Happens After You Get Approved for Disability?

The approval process when filing for social security disability benefits can take a while. Most claims would require a disability hearing before it gets approved. But depending on the circumstances of your claim and your evidence, sometimes a hearing may not be necessary.

How Will You Receive Your Disability Checks?

Rather, you will receive them either through direct deposit to your bank account or the Direct Express card program.

When Will You Receive Backpay?

In most cases, back pays (or the first installment thereof) are sent to your account 60 days after approval. It may also come with your first disability payment. But this doesn’t always happen.

What does the award letter tell you about disability?

The award letter you get from the SSA will also tell you how much disability benefits you’re entitled to and when your disability payments will start. If there is doubt as to when your disability really started, the notice will also state your established onset date.

Why does my disability check take so long?

If your disability check takes longer than your expected date, it could be because of: Outdated Records. If you fail to update the SSA of a change in address or banking details, it can affect your disability payments. The SSA won’t be able to send you the payments if they don’t know where to send it.

What happens if you change your bank account on SSA?

Banking Error. If there are changes in the bank account which the SSA will use to send you payments, the agency will give you notice to confirm such before sending your check.

How long do you have to wait to receive your first SSDI payment?

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.

When will I get my first SSDI?

Your first benefit would be paid for the month of December 2020, the sixth full month of disability. However, there is no waiting period if your disability results from amyotrophic lateral sclerosis (ALS) and you are approved for SSDI benefits on or after July 23, 2020.

When will SSDI pay in 2020?

We would pay your first benefit for the month of December 2020, the first full month of disability. We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.

How long does Medicare cover ALS?

Medicare Coverage If You're Disabled. We automatically enroll you in Original Medicare (Parts A and B) after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.

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

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

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 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.

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 ...

First-Round Approvals

• The fastest way for you to start receiving disability benefits is to get your initial claim approved on the first round of review. When this happens, you do not have to wait for an appeal, which can take years. If you decide to hire an attorney to assist with the application process, the right lawyer will know what the Social Security Administratio...

See more on socialsecuritylawoc.com

Reconsideration Approvals

ALJ Hearing Approvals