how long does it take to get mental ssi with a lawyer

How much does it cost to hire a lawyer for SSI?

 · 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.

When should I hire a Social Security disability attorney?

 · Lawyers typically received less than the $6,000 maximum fee out of past-due SSDI/SSI benefits. AVERAGE DURATION 27 months For those who go to a disability hearing, the entire SSDI/SSI application process typically takes 2-3 years.

How long does it take to get approved for SSI?

How long does it take to get a Social Security disability hearing?

How long does SSI take to make a decision?

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 hard is it to get SSDI for mental illness?

It is very hard to win a claim based on a mental condition without the support of a psychiatrist or licensed psychologist, and without a detailed report from the psychiatrist or psychologist about your mental limitations and how they limit you.

How long does it take for DDS to make a decision?

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.

Can you speed up disability process?

The Social Security Administration (SSA) can expedite processing for disability applicants who have certain medical conditions, face especially trying personal circumstances or served in the U.S. military.

What is the most approved disability?

1. Arthritis. 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.

Is it hard to get disability for depression and anxiety?

It can be difficult to bring a claim for disability benefits on the basis of anxiety or depression because the evidence used to support the diagnosis is based on subjective criteria. Objective measures, like an X-ray or a blood test, cannot tell your doctor what you are thinking or feeling in your day-to-day life.

Who makes the final decision on Social Security disability?

the Disability Determination Services (DDS)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 determination?

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.

What does SSI pending mean?

It means they are still processing your appeal, so they are still deciding if you qualify for SSDI. If they haven't made a decision on SSI, then they are still determining if you qualify for SSI as well.

Why is SSI taking so long?

Because there are so many applications that are filed each year, it takes time for the SSA to process and review each one. This review time can take anywhere from 3 to 6 months on average. Most people have their initial application denied. It doesn't mean that your case is over and that you should give up.

How can I speed up my SSI claim?

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.

How do you get SSI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.

What qualifies as a mental disability?

Mental impairments include psychological disorders and mental illnesses, such as bipolar disorder, schizophrenia, major depression, anxiety disorders, obsessive-compulsive disorder, post-traumatic stress disorder (PTSD), and personality disorders.

What happens at a mental exam for disability?

The MSE will test memory, language skills, awareness, and mood (such as depression or agitation). During an MSE, you may be asked to recall items on a list after reading it, count by fives, name the current President, tell the examiner about your childhood, interpret what is going on in a picture, and so on.

What to do if you can't work because of mental health?

If you are unable to work because of a mental health condition or any other disability, there are some options for financial support....These include disability insurance and disability payments through Social Security.Disability insurance. ... Social Security Income (SSI). ... Social Security Disability Insurance (SSDI).

How long does it take to get disability for bipolar disorder?

Typically, it will take three to five months to get a decision on your application. If approved, the SSA will begin paying benefits immediately.

How Social Security Evaluates Mental Illness Claims

Social Security will review your medical records to see if your mental illness meets the criteria of one of the mental illness listings in its "Lis...

Medical Records For A Mental Disability

All disability claims are decided almost solely on the content of the applicant's medical records. Make sure you include all medical records from p...

A Note on Alcohol and Drug Abuse

Many people who suffer from mental illness also have drug or alcohol problems. You can still get approved for disability if you are currently abusi...

How long does it take to get SSDI?

For those who go to a disability hearing, the entire SSDI/SSI application process typically takes 2-3 years. If you can’t work because of a serious medical condition, you may be thinking of applying for Social Security disability benefits. Or maybe you’ve already applied and are still waiting to hear the results.

How long does it take to get an initial SSDI decision?

Initial decision. Nearly four in ten readers (37%) received an initial answer within three months after their filed their SSDI or SSI applications, and more than six in ten (62%) heard within six months.

Who was twice as likely to be approved for benefits as readers who applied on their own?

Readers who had a lawyer's help at some point in the process were nearly twice as likely to be approved for benefits as readers who applied on their own.

How much does a disability lawyer charge?

Even then, the fee is limited to 25% of any past-due benefits (or “backpay”), up to a maximum of $6,000. More than two-thirds (68%) of our readers told us their lawyers received less than the maximum. The overall average was $3,750, though it was somewhat higher ($4,600) for readers who went through a disability hearing (and therefore received more backpay).

How long does it take to appeal a disability claim?

But they can pursue further review with the Social Security Appeals Council (which takes about a year, on average); after that, they can appeal in federal court (which could take years to resolve).

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

Social Security has been working on reducing the backlog. By October 2020, the overall average wait time for a hearing was about 10 months, although the average waits at different hearing offices around the country ranged from six to 16 months.

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

Most reconsiderations are denied, but this step adds time to the overall process: an average of 109 days according to government data for 2019. Wait Times for Hearing Dates.

What happens after the SSA reviews your case?

After all the reviews are completed, the SSA will then come to a final decision and determine if you are eligible to receive disability benefits. Subsequently, the SSA will send you a letter to notify you of the decision the state agency made on your case.

How long does it take for a CE to be sent to the DDS?

Next, the CE doctor will send the report to the state’s Disability Determination Services ( DDS) agency within 10 business days of the examination. The DDS is different from the local Social Security field office and they primarily evaluate the medical portions of the disability claim.

What happens if you don't meet the SSA requirements?

If the SSA decides you don't have the MRFC to work on a regular and sustained basis, full time, you will be approved for benefits; otherwise, you will be denied.

What are the limitations of Social Security?

Social Security will look to see the extent of any limitations you have in the following areas: your ability to understand and remember information. your ability to follow directions and control your behavior. your ability to get along with others) your ability to tolerate stress. your ability to concentrate, complete tasks, ...

How long can you work for SGA?

Social Security can grant you disability benefits if you are unable to work at or over the "substantial gainful activity" level (called SGA) for at least one year.

Can you get disability if you are addicted to alcohol?

Many people who suffer from mental illness also have drug or alcohol problems. You can still get approved for disability if you are currently abusing drugs or alcohol as long as your mental condition would still be disabling if you were sober.

What is the importance of credibility in disability cases?

The Importance of Credibility. One critical factor in disability cases, in particular those involving mental conditions, is the issue of credibility. If you appeal your claim to the hearing level, an administrative law judge (ALJ) will hear your case and have the opportunity to question you about your disability.

How to determine mental capacity?

To determine what type of mental capacity you have, Social Security will look at your medical records and any opinions submitted by your psychiatrist or psychologist. You should have a doctor who specializes in mental conditions prepare an MRFC report for you. It is very hard to win a claim based on a mental condition without the support of a psychiatrist or licensed psychologist, and without a detailed report from the psychiatrist or psychologist about your mental limitations and how they limit you.

What are the mental disorders?

Here are some of the conditions included under the Mental Disorders listing: neurocognitive disorders (such as Alzheimer's, dementia, or substance-induced cognitive disorders) mood disorders (like depression or bipolar disorder) anxiety-related disorders (like obsessive-compulsive disorder) PTSD and trauma-related disorders.

How long does it take for Social Security to make a decision?

If you have filed for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), you have probably waited 90 to 120 days for the Social Security Administration (SSA) to make their initial disability decision.

What happens if you wait to hire a disability lawyer?

What if you wait to hire a disability lawyer? It may not matter because unless you are one of the 20% of claimants who are approved at reconsideration, you most likely will have to hire one anyway if you decide to appeal your denial a second time and request a disability hearing.

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.

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 to request reconsideration of disability?

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, your address and the contact information for your disability lawyer, if you have one.

How long does it take to appeal a disability denial?

The reconsideration forms must be submitted to the Social Security Administration within 60 days from the date of the denial letter.

What happens if you are denied a disability?

What if your disability claim is denied? You will have to decide if you can return to work, if you want to file a new SSI or SSDI claim or if you want to request an appeal of the denial, which in most states is called a reconsideration.

How long does it take to get a Social Security exam report?

The Social Security Administration makes it clear to the consulting doctors who conduct the medical exams for Social Security that the doctor's examination report should be sent to DDS within 10 business days from the date of the exam. This means basically two weeks.

What happens if you call the DDS after a disability exam?

If you call the DDS (Disability Determination Services) after your exam, you might get the answer that the claims examiner is simply waiting on the results ...

How long does a case stay in the DQB?

When a case is sent to DQB, it can stay there for an untold number of weeks.

Why is disability not investigated?

The disability examiner or the supervisor may discover, late in the process, that the a particular condition was not investigated, because it hadn't been discovered in the previously gathered medical evidence. This can cause delays.

What happens after a consultative exam?

After attending a consultative exam per the request of a disability claims examiner, most disability claimants are eager for an answer on whether they will be granted disability benefits.

Can an IQ test be rescheduled?

This can happen after a physical or mental exam has been conducted. In such instances, an exam may need to be rescheduled. I remember, as an examiner, a rare case of an individual having to be sent to an IQ test on three separate occasions. The individual's scores kept coming out suspiciously low.

What can a disability lawyer do for schizophrenia?

A disability lawyer can take over getting necessary medical records and doctors' opinions and can manage the hearing process for the applicant.

Is schizophrenia a disability?

The disability criteria for schizophrenia are a reflection of the complexity of the medical condition itself. There are no biological tests that can be conducted to establish schizophrenia, but brain imaging shows distinctive changes and may soon be accurate enough to use. For now, diagnosis is still currently by mental status examination.

Can a disability attorney restore schizophrenia?

Although treatment responses vary, it is impossible for even the best treatment to restore a person with schizophrenia to complete normality.

Can a person with schizophrenia get SSDI?

Those who have schizophrenia or another psychotic disorder but are unable to meet the criteria of Social Security's listing may still be able to get SSDI/SSI benefits on the basis of a "medical-vocational allowance." There are applicants who suffer from schizophrenia who are not incoherent or completely disassociated from reality, but they still find themselves unable to hold down a job. While many people who are schizophrenic exhibit stereotypical symptoms such as hearing voices, thinking everyone is out to get them (paranoia), or catatonia, there are also those who are simply unable to make normal associations, participate in normal social interaction, and maintain an organized thought pattern.

Is emotional isolation part of schizophrenia?

Note that emotional isolation and withdrawal from social interaction is no longer part of the listing for schizophrenia or psycho tic disorders.

Can a disability lawyer represent you?

Disability applicants who have complex mental conditions like schizophrenia or other psychotic disorders should consider hiring an experienced disability attorney to represent them . Not only is schizophrenia a complicated disorder, but those who suffer from it are at a great disadvantage when they choose to represent themselves, particularly in light of the limitations this condition places on concentration, memory, and logical thinking. A disability lawyer can take over getting necessary medical records and doctors' opinions and can manage the hearing process for the applicant.

What is disability lawyer?

Disability attorneys are trained to identify claims that are strong and those that need work. Claims based upon mental illness often need to be more fully developed. A skilled Disability lawyer knows what evidence the Social Security Administration wants and how to present it in a way that will improve your chance of getting approved. A lawyer can implement strategies that will bolster your case, such as identifying multiple ailments that contribute to your Disability instead of focusing on just one.

What is SSI for disabled people?

SSI is for low-income, disabled individuals with a spotty, or absent, work history. It provides funds to meet basic needs for food, clothing and shelter. If approved for SSI, the amount you could receive depends on what state you live in and how much monthly income you have.

What is the Blue Book for Social Security?

Social Security’s decision-makers use the Blue Book to make decisions on Disability claims. “ Mental Disorders ” is a category in the Blue Book where a list of mental impairments can be found. Some mental health conditions that may qualify for Disability benefits include: Anxiety. Bipolar Disorder.

How many physical impairments qualify for disability?

In order for your application to be approved for Disability for mental illness, your condition must meet certain specific medical requirements. The Social Security Administration has a Disability guidebook – called the “Blue Book” – that contains more than 100 physical and mental impairments that qualify for Disability as long as certain listed criteria are met and backed up by objective medical evidence. Social Security’s decision-makers use the Blue Book to make decisions on Disability claims.

Can I get SSDI if I have mental health issues?

Many people with mental issues haven’t worked much and don’t have enough Social Security Disability work credits to qualify for SSDI, but they may be able to meet the requirements for Supplemental Security Income. SSI is for low-income, disabled individuals with a spotty, or absent, work history.

Is it hard to prove mental illness?

Still, it is not impossible and it is worth the effort.

Do people with mental health issues get a Social Security check?

With no work and no steady source of income, thousands of people with mental health conditions apply each year for Social Security Disability benefits in hopes of receiving a monthly check.

Who is Magnolia from Social Security?

Magnolia worked as a Social Security Disability Examiner, where she reviewed cases and made decisions on approvals and denials. Later she became disabled herself. She was kind enough to share her experiences with readers here:

Do lawyers collect medical records?

1. Lawyers may not be collecting your medical records. Many lawyers do not collect any records at this point. Instead, they write down your doctors information on the application forms and then hope that Social Security will collect everything.