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.
It is not unusual for attorneys to wait until a month or two before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or administrative assistants.
Once your case examiner provides a determination, your claim is sent to the Office of Disability Adjudication and Review (ODAR), according to the SSA. The ODAR is the department that schedules and holds disability hearings and fields all SSA applications, including retirement and survivors benefits.
However, some judges take much longer. There is not much you can do once the case is in the hands of the judge. My husband had open heart surgery and only has 30% heart pumping capability. Due to the school system not taking out social security was denied disability as no insured status.
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.
4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.
about three to four monthsIt takes Disability Determination Services (DDS), the state agency that makes the initial disability determination, about three to four months to decide an initial application, from the application date.
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 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...
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.
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.
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.
6. Who determines whether a person is disabled? A determination as to whether a claimant is disabled as defined in the law is made for SSA by a team, composed of a physician/psychologist and a disability examiner, working in the disability determination services (DDS) of the State in which the claimant lives.
The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months. There is no such waiting period for SSI payments.
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.
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)
Step 2: A medical screen to deny applicants without a severe impairment. An applicant is denied at step 2 if his or her impairment(s) is considered not severe.
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.
Are SSDI applications being processed during this Covid 19 pandemic? What does this mean? The Disability Determination Service for your state is processing the medical portion of your benefit application. If they need additional information or evidence from you, they will contact you directly.
ICD-10 code Z02. 71 for Encounter for disability determination is a medical classification as listed by WHO under the range - Factors influencing health status and contact with health services .
Though it’s hard to give an exact figure of how long it takes to get disability benefits with a lawyer, having legal assistance can shorten the claims processing time from 2 years to at least 3 months. Social security disability attorneys already know what the SSA wants to see and hear. Their experience and knowledge of the system can help you get approval during the initial application stage. This means you won’t have to go through a lengthy case review and even an appeals process. They may even get you qualified for quick disability determination.
If your claim is denied again after a disability hearing with the administrative law judge (ALJ), your lawyer can also help you appeal your case with the Appeals Council. The council will look at new medical evidence (if any) or any evidence that was not considered by the ALJ . Your lawyer can also help you gather that new medical evidence if necessary.
Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.
If you got denied at the OTR decision stage, a hearing date will then be set for your case. During this stage, your lawyer can help you:
Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.
They can also help you gather medical evidence and talk to medical professionals on how to properly present your condition to the SSA. If yours is a terminal illness, your lawyer can alert the SSA too so you’ll be eligible for expedited treatment.
Some hearing offices say it will take approximately six weeks to receive a decision; some judges tell claimants they try to have the decision out in 30 days.
Some claimants actually receive their benefits by this date; but others do not . And some claimants will even find that a large backpayment has been deposited to a checking account before a notice of award letter has even been received.
The initial screening for whether or not a disability lawyer will take a disability claimantÂ’s SSI or SSDI case varies by disability attorney.
Although some inexperienced disability lawyers may hesitate to take a claimantÂ’s SSI or SSDI case if they have filed multiple times and been denied, it could mean that the claimant is really disabled if they are willing to fight for benefits so tenaciously.
There are some disability lawyers who do not take Supplemental Security Income (SSI) cases. There are several reasons for this but the main reason is that there is no waiting period for SSI benefits, there is no retroactive payments, and the SSI payment is based on the federal benefit rate.
Another factor the SSI or SSDI lawyer will consider prior to taking a SSI or SSDI case is the claimantÂ’s age. GRID rules were created in 1979. These rules identified how age would be considered in the disability process.
It is not unusual for attorneys to wait until a month before a disability hearing to first speak to a client. Up to that point, your only contact with the law firm may be with paralegals or staff members. Nonattorney staff members are generally responsible for making sure request for hearing deadlines are met and medical records are requested and received, and for communication with clients about pre-hearing matters.
There are three main possible "theories" an attorney can use to do this. Your lawyer can: prove that your condition meets a disability "listing". prove that you "grid" out of all work (including not being able to do your past work) prove that your non-exertional limitations prevent you from working, or.
At the disability hearing, your lawyer will ask you ask you a series of questions called "hypotheticals." These hypotheticals are designed to rule out the possibility that you can work any type of job due to the limitations imposed by your condition. For more information, see our article on how an attorney uses hypotheticals at a disability hearing. (Also, you may want to learn more in general about what to expect at your disability hearing .)
If your attorney thinks additional testing is needed to meet the listing, he or she may request that an SSA doctor examine you or that you schedule the necessary tests with your physician. If your condition does not seem likely to meet the listing, the attorney will look to other possible theories.
First, your lawyer will review your denial letter from Social Security to get the agency's reasons it denied your claim so that these issues can be resolved in your favor. (For more information, see our article on denial notices .)
Because Social Security frequently dictates the type of exam needed to win a claim for disability, a legal professional will review your medical records to determine whether you need to undergo additional testing. The legal professional may ask the SSA to schedule a consultative examination (CE) with one of their doctors or ask that you get the required testing done on your own, if need be.
When you first contact an attorney or law firm for representation, either the attorney or a firm staff member will conduct an initial interview with you to gather the basic facts of the case. These facts are used to help determine if the firm will take your case. The interviews are usually done by phone; however, ...
In the typical case where a claimant is approved for benefits after a disability hearing, the expenses will usually be no more than a few hundred dollars.
Disability attorneys often incur up-front costs in pursuing a disability case, mostly from obtaining medical records and getting opinions from treating doctors. Your lawyer may also charge you for the cost of postage, travel, copying, and long-distance phone calls. Your attorney will ask you to sign an expense agreement when you hire him or her.
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 .)
Here are some examples: You fired your attorney and hired a second attorney. You are denied benefits at the disability hearing level and your lawyer appeals to the Appeals Council or to federal court.
Social Security will approve the petition only if the fees requested by the attorney are reasonable. Social Security's decision as to whether the requested fee amount is justified will take into account the nature and amount of work performed by the attorney, the complexity of the case, the attorney's knowledge and experience, and the level of appeal the case went to. You can object to or comment on the fee petition if you wish.
A disability lawyer can petition to charge you a reasonable extra fee if you have to appeal your case multiple times before you win.
Under the contingency fee arrangement required by Social Security, your attorney may not charge a fee unless your case is successful. In order to collect fees from a client, an attorney is required to submit a fee agreement to Social Security. The fee agreement spells out the terms of the contingency fee and must be signed by both attorney ...
Few people understand that Social Security disability decisions are made by applying a standard legal formula, following five steps in order. If, at any step in the process, a judge can make decision to completely deny or allow disability, he or she will not continue on to assess the other factors.
If you have been denied disability by Social Security, there is something you can do. Cox Disibility Law, LLC has been handling Social Security Disability cases for more than 30 years. If we can help you turn your disability denial into an approval, give us a call at 800-930-1205.
If a person’s medical condition does not cause at least some work related restrictions, the judge will deny the claim at this step. However, few people are denied at this level, and the judge moves on to the next step
If the profile does not match up with any of those jobs, then the person is considered “disabled” under the law.
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.
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:
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.
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
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:
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.
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).