how long does it take a social security lawyer claim

How long does it take Social Security to decide my case?

Jun 07, 2010 · 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. This stage takes approximately two to seven months.

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

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.

How long does it take to appeal a Social Security disability claim?

It could take several months to several years to qualify for disability benefits. This is all the more reason to hire an attorney to make sure the application is the best it can be, and that it avoids mistakes. It may even be possible to expedite your case. Don’t pass up an opportunity you may not even know of, talk to us before you apply.

How long does it take to receive Social Security disability benefits?

How long does it take to get a Social Security settlement?

How long does it take for a decision to be fully favorable?

What are the stages of a Social Security Disability claim?

Why is my Social Security case taking so long?

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

How far back does SSA disability pay?

What should you not say in a disability interview?

Who makes the final decision on Social Security disability?

What is Step 2 of disability process?

How do I find out if my SSI claim is pending?

How can I speed up my SSDI claim?

Can I track my disability claim?

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.

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 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.

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 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.

Can a disability lawyer speed up SSDI?

Before your appeal your SSDI application review the process and make sure you have realistic expectations about what a disability lawyer can and cannot do to speed up your SSDI case.

Can the SSA expedite a claim?

Personal or Public Safety. If there is evidence that you are a threat to yourself (suicidal) or to the public (homicidal), the SSA may expedite your claim. Evidence from you, your family, the police, or treating doctors can be used to demonstrate that you are a threat to yourself or to others.

How long does it take to appeal an ALJ decision?

The length of time it takes the federal district court to decide an appeal is about eight months from the date it was filed.

How to expedite a case?

The SSA will expedite (speed up) the approval process in some critical cases. Here are examples of when a case can be expedited: 1 the applicant suffers from a terminal illness 2 the applicant's condition qualifies for a "compassionate allowance" 3 the applicant served in the military (2001 or later) 4 the applicant is in dire need of assistance, or 5 the applicant is a threat to personal or public safety.

Why is it important to submit evidence to the SSA?

Submitting evidence is important because DDS uses the medical records in your file to decide whether you are disabled. To increase your chances of being approved earlier in the process, you must provide the SSA with as much information about your condition as possible. Examples of medical evidence include: hospital records, lab results, pharmacy records, and your doctors' reports.

What is a TERI claim?

The SSA refers to claims based on terminal illness as "TERI" cases. If it has been determined that your condition is terminal, you (or a family member) must notify the SSA immediately, and your case will be expedited. For more information, see Nolo's article on TERI claims.

What is compassionate allowance?

A compassionate allowance (CAL) condition is one that the SSA has concluded is serious enough to warrant a quick approval with minimal medical evidence. For instance, most types of metastatic cancer are on the list. You should advise the SSA immediately if you are diagnosed with a CAL condition.

Can a homicidal claim be expedited?

If there is evidence that you are a threat to yourself (suicidal) or to the public (homicidal), the SSA may expedite your claim. Evidence from you, your family, the police, or treating doctors can be used to demonstrate that you are a threat to yourself or to others.

The Reconsideration Process

First, if you decide you want to appeal your SSDI or SSI denial you must either file the reconsideration forms yourself or you must contact a SSD disability lawyer and have them complete the reconsideration for you. The reconsideration forms must be submitted to the Social Security Administration within 60 days from the date of the denial letter.

What happens in the Reconsideration Process?

Unfortunately, up to 80% of claimants are denied a second time in the reconsideration phase because the disability application is simply sent to another SSA disability examiner who reviews the claim a second time. Unless you have added additional medical information to your claim, it is unlikely your claim will be approved.

Should you hire a disability lawyer?

This is a great question, and there are several opinions. Some experts would suggest that it is a good idea to get a disability lawyer involved in your claim as soon as possible and have them complete your reconsideration appeal forms.

Do you need a disability lawyer for your hearing?

Unless you understand how to read medical records, the judicial processes, the disability rules and regulations and you know how to argue your case in court in front of an Administrative Law Judge (who you have waited months to see), it is a good idea to hire a disability lawyer.

What is back pay for SSDI?

Back payments are benefits that accrued while you were waiting for Social Security to approve your case. The amount of your backpay depends on your onset date of disability, when you filed for benefits, and whether you're applying for SSDI or SSI. (To learn more, see Nolo's article on how SSDI back benefits are calculated .)

What is a fee petition?

A fee petition must contain an itemized list of the attorney's activities on the case. Your attorney will send the fee petition to Social Security after your case is complete, and will send a copy to you as well. Social Security will approve the petition only if the fees requested by the attorney are reasonable.

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 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.