how long does it take to get on disability with a lawyer

Full Answer

How long does it take to receive a decision on disability?

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.

When should I hire a Social Security disability attorney?

Statistics from the National Organization of Social Security Claimants Representatives (NOSSCR) provide that those who hire an attorney are more likely to recover SSD or SSI. Therefore, we think it is in your best interest to hire an attorney as soon as you file for disability. Hiring an attorney may increase your odds of winning.

How can a disability lawyer help me?

A disability lawyer can help you through that process in many ways, including gathering the right kind of medical evidence, preparing you for a disability hearing, recognizing when testimony from a medical expert would help, and knowing where to find a good expert.

How much does a disability lawyer cost?

In almost all cases, lawyers may charge a fee only if they win disability benefits for their clients. 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.

First-Round Approvals

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.

Reconsideration Approvals

Most 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.

ALJ Hearing Approvals

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.

Why Hire a Lawyer to Get Disability?

Your attorney can ensure that you follow the standard required to get your claim legally. When you follow the normal procedure, you will never make mistakes that may eliminate your chances of getting the disability claim. In short, your lawyer will help you avoid the pitfalls which in turn can fasten your case.

How Long Does It Take Get Disability With A Lawyer?

The waiting time for hearing on Disability cases are all back to back with each other especially around the US, Washington, Maryland, Northern Virginia, and DC areas. This is due to many reasons like;

Processes for Getting Disability

The first process is the initial claim or the application for the disability level. At this level, it can take you a minimum of 100 days for your initial claim to get a decision. Majority of the initial claims are rejected by the state’s disability examiners of course.

In how long can you get disability benefits with an attorney?

There are many disabled individuals hoping that by retaining the services of a disability lawyer, they can quickly get Social Security Disability benefits.

Disability benefits application process

A Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) process can take a long time.

Factors affecting the disability benefits process

Many variables potentially affect your disability benefits process and how long it will take for you to get your benefits or approval.

What can a disability lawyer do for you

Here is what a disability attorney may do to help you speed up (to a certain extent) your disability claim:

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.

Why do people need legal representation for disability?

Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly.

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 many steps do you have to take to appeal a disability claim?

Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases. 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: Reconsideration.

How long does it take to appeal an SSD claim?

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. Currently, the national average wait time for an appeals hearing is 11.8 months. In other words, you’ll wait at least 1.5 years from the date you apply if you win SSD benefits on appeal.

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 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 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 first step in the long claims process?

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).

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.

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.

How can a disability lawyer help you?

A disability lawyer can help you through that process in many ways, including gathering the right kind of medical evidence, preparing you for a disability hearing, recognizing when testimony from a medical expert would help, and knowing where to find a good expert. Effect of Representation on Overall Approval Rate.

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 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 to prepare for a disability hearing?

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.

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.

How to file for disability in California?

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.

Can a disability lawyer do SSDI?

Many SSDI applica nts assume that having a disability lawyer will allow them to bypass the thousands of other disability applicants and somehow catapult their disability application to the front of the disability processing line. Unfortunately, that is beyond what the disability attorney will be able to do with your SSDI case.

Can a disability lawyer expedite your application?

Although a disability lawyer will not be able to expedite your disability application they will give you a better chance of winning at every appeal step, thereby potentially saving your time. For instance, if you are scheduled for a SSDI disability hearing the disability lawyer can do the following, which can give you a better chance ...

First-Round Approvals

Reconsideration Approvals

ALJ Hearing Approvals

• 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. This is by far the most important time for you to have representation for many reasons that are too le...

See more on socialsecuritylawoc.com