how long does it take to get approved for disability if you have a lawyer?

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.

Full Answer

How long does it take to get approved for disability benefits?

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 long does it take to reapply for Social Security disability?

How Long Does It Take for General Claims That Don’t Qualify for Fast-Tracking? First-time applicants may win approval in 3-5 months, on average. In December 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. Appealed disability claims have four …

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

Oct 26, 2020 · 31 to 42 years old: You need a minimum of 20 work credits, Older than 42: The number of work credits needed is based on a sliding scale and adds two credits every two years to the 20 credit requirement. For example, a 50-year old applicant would need 28 credits.

When should I hire a Social Security disability attorney?

The people who get approved within a span of three to four months are the ones who fulfill all the guidelines at once. Generally, at the end of the first stage, only 30 percent of the total applications are approved. But it is not always probable that everyone will meet all the guidelines.

What are the stages of getting approved for disability?

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

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 can I speed up my disability?

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.

Does everyone get turned down the first time for disability?

Home » Frequently Asked Questions » Does Social Security Disability Deny Everyone the First Time They Apply? No, the Social Security Administration (SSA) does not deny everyone the first time they apply.

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?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

What percentage of disability is denied?

Denied disability claims have averaged nearly 53 percent. SOURCE: Tables 59–64. NOTES: Awards are calculated as medical allowances minus subsequent technical denials.

How much will my disability check be?

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 many disability claims are denied?

According to the Social Security Administration (SSA), the average acceptance rate of initial applications is 22 percent, and approximately 63 percent of SSDI applications are denied.

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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 long does it take to get a disability check?

Usually, it takes about a month or two from the date of approval before you get your disability check. In some cases, it can take longer. Under the law, a six months waiting period between the onset of your disability and when you should get your first payment must also be observed.

When will disability payments start?

For example, if your disability started in June 2019 , your payment will start in December of that same year. But most of the time, the approval process itself eats up most of that waiting period. If your claim gets approved fairly quickly, you might have to wait long before you’ll get your hands on your first disability check.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

Who is Victor Malca?

Victor Malca P.A. has over 25 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. His experience and continued success in fighting for his clients puts among the most trusted workers’ compensation lawyers in Florida. Our area of expertise is in representing injured workers on compensation benefit cases and disabled individuals claim social security disability benefits.

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.

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.

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 to get approved for disability?

While there may not be a concrete answer as to how long it takes for Social Security disability approval, there are ways to possibly speed up the process. 1. Consult a Lawyer. An attorney or advocate who specializes in Social Security disability cases knows exactly what you need in terms of documentation, ...

How long does it take to appeal an SSDI denial?

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.

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 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.

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 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 long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How long does it take to get a disability hearing?

But it adds time. According to government data, the reconsideration process took an average of 109 days (more than three months) in 2019. The amount of time it could take in your case depends on several factors, including the backlog in your area, whether you have new medical records that the examiner needs to get, and whether your case involves special circumstances.

How long does it take to appeal a disability claim?

If a disability judge denies SSDI or SSI benefits after a hearing, applicants can seek further review with the Social Security Appeals Council (which takes about a year on average) and, after that, an appeal in federal court. Taking both these steps could add years to the process.

How long does it take to get a hearing in 2020?

Government statistics show that the time to get a hearing date varies widely across the country. As of October 2020, average waits ranged from six to 16 months in different hearing offices (down from a range of nine to 25 months in 2018).

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.

What is Medicare Part D?

Medicare Part D (Medicare prescription drug coverage) helps pay for medications doctors prescribe for treatment. For more information on the enrollment periods for Part D, we recommend you read Medicare's How to get prescription drug coverage page.

What is Medicare coverage?

Medicare Coverage If You're Disabled 1 Medicare Part A (Hospital Insurance) helps pay for inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care. The taxes you paid while you were working financed this coverage. It’s provided at no cost to you. 2 Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it.

What is Medicare Advantage Plan?

Medicare Advantage Plan (previously known as Part C) – people with Medicare Parts A and Part B can choose to receive all of their health care services through plans that are offered by private companies and approved by Medicare.

Does Medicare Part B cover outpatient care?

It’s provided at no cost to you. Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it. Most people have both parts of Medicare.

Can you get reduced Social Security if you work for the government?

If you receive certain other government benefits, such as workers' compensation, public disability benefits, or pensions based on work not covered by Social Security ( e.g., some government or foreign employment), the Social Security benefits payable to you and your family may be reduced.

How long does it take to get back pay on SSDI?

If it took eight months for your claim to be approved , you can expect to receive back pay for those six months.

Why is the onset date important?

The onset date is also very important because of the potential five-month waiting period the SSA may impose after the onset date before you are eligible for benefits. The earlier your onset date, the greater the chances you will not miss out on possible benefits you deserve.

How long does it take to get a retroactive SSDI payment?

In fact, Social Security can pay retroactive SSDI for up to 12 months prior to the date you filed your application, if it determines that you were qualified to receive benefits well before you applied.

How long does it take to get back Social Security?

If you are rejected then but later win on appeal — a process that can take well over a year — Social Security can pay back benefits based on when you first applied, even if that's more than 12 months.

What is the onset date of SSDI?

The onset date is up to Social Security. You will be asked in your SSDI application when you believe you became disabled; that's called the "alleged onset date.". Social Security may accept your date, or choose another, depending on the evidence in your case.