There are many disabled individuals hoping that by retaining the services of a disability lawyer, they can quickly get Social Security Disability benefits.
A Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) process can take a long time.
Many variables potentially affect your disability benefits process and how long it will take for you to get your benefits or approval.
Here is what a disability attorney may do to help you speed up (to a certain extent) your disability claim:
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.
In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.
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 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.
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.
The majority of 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.
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.
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.
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 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.
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.
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.
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
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.
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.
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, ...
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.
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.
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. too much, your condition is not considered severe, or the SSA believes you could work.
A Request for Reconsideration can be completed by you or your disability lawyer by filling out form (SSA-561). You must provide your name, Social Security number, the type of claim that you are appealing (listed on the notice of decision), the claim number (listed on the notice of decision), the reason for the appeal, ...
It can take anywhere from two weeks to three months or more.
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.
If it took eight months for your claim to be approved , you can expect to receive back pay for those six months.
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.