how long does a lawyer take to do a disability claim

But hiring a disability lawyer can fast-track your disability claim. According to the SSA, the average processing time for disability benefit claims is 103 days. But some disability reviews may take up to 2 years.

Full Answer

How long does it take to get disability benefits?

You should familiarize yourself with the phases of a disability claim, but an overview of the timeline is presented here: High-Level Disability Claim Timeline. Initial Application Level: 1 – 4 months. Reconsideration Level: 1 – 3 months. Hearing Level: …

How long do I have to appeal my disability insurance claim?

According to the SSA, the shortest wait times as of January 2022 are in: Akron, OH: 5 months ( 188 days) Evansville, IN: 5 months ( 195 days) Columbia, SC: 5 months ( 211 days) Peoria, IL: 6 months ( 224 days) Minneapolis, MN: 6 months ( 232 days) In certain parts of the US, wait times can be as high as a year or more.

How does the long claims process work for Social Security disability?

If you file a request for a hearing you can expect to wait up to one year in some parts of the country for your hearing to be scheduled. In some cases a disability lawyer can request what is called an on the record review to expedite your case. The On the Record Review allows them to request the judge look at your case without a hearing.

How long does it take to reapply for Social Security disability?

The initial stage of the SSD benefits application process can take about three to four months to complete. If your disability case is strong and you submit sufficient evidence of your disability with your application, following all SSA guidelines, your application is more likely to be approved.

How long does it take to get a decision on disability?

three to four monthsThe average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months. Reconsideration. If the SSA denies your request for benefits, you will need to file a request for reconsideration of their decision.

What states are hardest to get disability?

Oklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.

Why do disability claims take so long?

Having an experienced SSDI lawyer assist you with the application can save time and frustration. At other times, it is the doctor's office simply not responding or not responding in a timely fashion, to the SSA's requests for records. Sometimes the delay is caused by surgery or a treatment you may be undergoing.

How can I speed up my disability case?

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?

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.Dec 16, 2021

What should you not say in a disability interview?

The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•Oct 17, 2014

Who makes the final decision on Social Security Disability?

An applicant can receive payments for up to 6 months while the Disability Determination Services (DDS) reviews the claim and makes the final decision.

What are the stages of disability?

There are five stages of the disability application process:The initial application;Reconsideration level;Hearing level;Appeals council;Federal court.

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

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter.Feb 1, 2022

How can I survive waiting for disability?

How can I stay afloat while waiting for Social Security benefits?Tip #1: Work While Waiting For Social Security Approval.Tip #2: Apply for Other Types of Support While Waiting For Disability.Tip #3: Find Other Sources of Support or Financial Assistance.BEWARE:More items...•Mar 2, 2021

What are the medical conditions that qualify for quick determination of disability?

If you are an SSI applicant with one of about 15 severe physical or intellectual impairments — among them amputation, Down syndrome, total blindness or deafness, and HIV/AIDS — Social Security may find you have a “presumptive disability.” This qualifies you for up to six months of benefits while your claim wends its ...

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

The “3 to 5 Months” Wait Time, and Why It’S Disappointing

The Social Security Administration (SSA) website claims that applicants typically wait three to five months to receive a decision—but how long real...

Inside The Social Security Disability Claims Approval Process

Getting your SSD benefits claim approved by the SSA is a lengthy process full of questions: What goes on behind the scenes during the Social Securi...

Why There Is Such A Long Wait For Social Security Disability Benefits?

While there may be ways to speed up the approval process for your SSD benefits, waiting for SSD eligibility can take months—and even longer if you...

Getting Approved For Disability Benefits

While there may not be a concrete answer as to how long it will take for a Social Security disability approval, there are ways to possibly speed up...

How does a doctor play a role in a claim?

Your doctor can play a big part in how quickly your claim is processed. The quicker your doctor fills out the paperwork from the insurance company and writes a statement for you, the faster your claim will be reviewed.

What happens if you don't follow through on your insurance claim?

If you take your time and do not follow through promptly, your claim will take longer, and you may be denied your initial claim, or even your appeal if you miss a deadline.

How long do you have to use short term disability insurance?

In this, all policies differ a little, but typically you will have to use your short-term disability first if you have it, which is commonly around 26 weeks.

How long does it take to get a disability approval letter?

How long does it take to get a disability approval letter or an adverse benefits determination (denial)? It is hard to say; it is heavily depended upon if your policy is covered by ERISA . If so, your insurer has up to 45 days to decide on your claim. They can delay this by requesting an extension of 30 days (they are required to provide you with a reason and tell you exactly what they need to make a decision). Initially, you’re looking at as short as one month to as long as three months.#N#Here’s an article that covers this timeline in more detail.

How long does it take to get a response from ERISA?

Typically it takes 2-3 months to get a response after sending in your initial application for long-term disability. However, this is a best-case scenario. Many things can delay your insurance company from approving you. Some of those are in your control, and others are in their control. Here is an article about timelines involved in ERISA governed long-term disability policies .

How long does it take to appeal a disability claim?

In that time, you need to collect more medical evidence, and at this time, it is highly advised to hire a disability lawyer to help with your case.#N#Once you appeal, the insurance company has 45 days to make a decision. They can request an additional 45 days if they do not feel they can make a decision.#N#Here is the timeline your insurance company must follow in your long-term disability claim.

What is group association?

Group association, long-term disability insurance, is called a group policy. Employees are offered special terms, conditions, and rates due to the characteristics of that group. Group policies are similar to individual policies and are taxed similarly. If you pay the premiums, then you will receive the benefits tax-free.

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 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.

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.

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.

How to file for disability in California?

What can the Disability lawyer do? 1 Review your medical records and get more information if they feel that your current medical documentation is not sufficient to prove you cannot perform substantial gainful activity. 2 Send additional information to the administrative law judge prior to the hearing. 3 Prepare arguments that for the disability hearing. 4 Challenge the job expert at the hearing if they argue you can perform different types of work. 5 Prepare a brief for the administrative law judge outlining the case.

How to prepare for a disability hearing?

Prepare arguments that for the disability hearing. Challenge the job expert at the hearing if they argue you can perform different types of work. Prepare a brief for the administrative law judge outlining the case.

How long does it take to hear back from SSA?

If you have submitted your appeal for reconsideration (the first step in the appeals process in most states) the SSA states it could take 30 to 90 days to hear back from them. Unfortunately, this is just an estimate and it could be more or less in certain states.

What is on record review?

The On the Record Review allows them to request the judge look at your case without a hearing. There are advantages and disadvantages, and a lawyer will not do this unless they think you have a great case. Talk to them about this option if you think it could benefit your case.

Can a disability lawyer expedite your application?

Although a disability lawyer will not be able to expedite your disability application they will give you a better chance of winning at every appeal step, thereby potentially saving your time. For instance, if you are scheduled for a SSDI disability hearing the disability lawyer can do the following, which can give you a better chance ...

Can a disability lawyer do SSDI?

Many SSDI applica nts assume that having a disability lawyer will allow them to bypass the thousands of other disability applicants and somehow catapult their disability application to the front of the disability processing line. Unfortunately, that is beyond what the disability attorney will be able to do with your SSDI case.

How long do you have to be out of work to get disability?

Again, you must have been out of work or be expected to be out of work for at least one year before you may apply for disability benefits.

Why is it important to seek the counsel of an experienced disability lawyer?

Because the process can be long, it is important to seek the counsel of an experienced disability lawyer who can analyze your case and provide you with the guidance you need to do it right the first time.

How long do you have to be out of work to be considered disabled?

To be considered disabled under the Social Security Act, you must have been out of work — or be expected to be out of work — due to medical problems for at least one year. This means that, if you have already been out of work for one year as a result of your disabling medical conditions, you would be eligible to apply.

Why do people call my office to apply for disability?

A lot of people call my office indicating that they want to apply for Social Security disability (SSD) benefits because of their medical problems. They describe their medical conditions and explain how awful they are. When I ask them how long they have been out of work, they often say that they still work full time.

How long does a denial of SSDI last?

For instance, SSDI denials can be made if the SSA determines you have not worked long enough to be considered insured, your condition is not expected to last for at least 12 continuous months, you are currently working.

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

Unless you have added additional medical information to your claim, it is unlikely your claim will be approved. The request for reconsideration may take 30 to 90 days to complete. If you are approved for benefits the SSA will send you a letter detailing your payment amount and the estimated date of payment.

First Things First: Who Can Qualify To Receive VA Benefits?

The Department of Veterans Affairs (VA) grants monthly disability payments to Veterans who suffer from service-related disabilities. These conditions can be physical, internal, or psychological, as long as they significantly impact your life and are directly connected to your military service.

Which Conditions Can Be Service-Connected?

There is a long list of physical and psychological disabilities linked with military service that can make a Veteran eligible to receive disability benefits from the VA.

When Will I Get My Disability Rating From the VA?

The VA tries to promptly get a rating to any disabled Veteran who files a claim, although they typically take several months to process a claim fully and give a Veteran a rating. There are a few factors that can make the processing of your claim take longer.

Can My Disability Rating Increase (Or Decrease)?

If you receive a disability rating from the VA, it is not set in stone, and certain factors can cause your rating to go up or down. The VA may decrease your rating by default if they assume that your condition has improved over time.

What If My Rating Is Too Low?

VA disability claims typically are fully processed within three to four months. Once you get your results back, you will have a rating that indicates how much you will receive per month in benefits. If you think your rating is inaccurate, you can take steps to get your claim reevaluated or appeal to the VA with the help of an attorney.

How long does it take to get an Erisa disability?

ERISA Disability: If you have an ERISA disability plan, which is covered through your employer, your insurer must follow tight timelines. This amounts to up to 45 days for the initial decision, and two additional 30-day extensions if the insurance company thinks they need them. This means it can take up to 105 days to receive your initial decision ...

What is the elimination period for disability?

This is the period between when you become ill or injured and when you can start receiving your long-term disability benefits. During this elimination period, you must remain continuously disabled in order to be entitled to benefits.

How long does it take to get a denial of health insurance?

It depends on your case, how long it takes for your insurance company to make a decision, and whether you need to appeal a denial. You can expect the initial application to take up to a year for a decision. The appeals process can then take up to almost nine months (some plans will allow for a second appeal, but not all).

What happens if you make a mistake on an IDI policy?

Further, while you may submit new evidence in court when litigating an IDI policy denial, litigation can be costly. You have a much greater chance of success on appeal with the help of an expert long-term disability lawyer.

How long does it take to get disability benefits?

In most cases, it will take between 45-105 days for you to receive the initial decision about your claim.

What is the most important evidence for long term disability?

Your doctor’s support is the most important evidence in your long-term disability claim. Insurance companies often request that doctors fill out an attending physician statement (APS) as part of the claim analysis. Any delay in these APS forms can impact how long it takes to get your initial decision. You can help your doctor to submit ...

Can disability insurance delay an IME?

It can also be delayed if you do not comply with the insurance company’s deadlines or requests for any additional information. For example, most disability insurance policies allow the insurance company to request you have an Independent Medical Exam (IME) or Functional Capacity Evaluation (FCE).