how long does it take to get socjal security disability after hiring lawyer

by Ada Lubowitz I 9 min read

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.

Yes, the SSA doesn't give special considerations to applicants represented by lawyers. But hiring a disability lawyer can fast-track your disability claim. According to the SSA, the average processing time for disability benefit claims is 103 days. But some disability reviews may take up to 2 years.Nov 8, 2021

Full Answer

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

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.

When should I hire a Social Security disability attorney?

The Social Security disability office doesn’t have a deadline for either applications or appeals — that means that they have no obligation to provide an answer in any given timeframe. That’s why many applicants find that they wait six months to two years before finally receiving benefits.

What is the process of getting approved for Social Security disability benefits?

Jul 18, 2019 · The process of getting approved for Social Security disability benefits can be a lengthy one. You may even need to go through several stages of appeals before the Social Security Administration (SSA) approves your claim. During this time, you lose out on benefits you need to cover your expenses. Once your claim is finally approved,…

How long should you wait for Social Security disability benefits in California?

Dec 30, 2020 · 27 mo. 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 back pay from Social Security disability?

Thus, in order to receive the full 12 months of retroactive benefits, your onset date must predate your application by 17 months (12 months of benefits plus the five-month waiting period). Once you begin receiving benefits, it takes another one to two months to receive your SSDI back pay.Mar 22, 2021

How long does SDI take to process?

14 daysIt typically takes SDI 14 days to process an application, so you usually start getting your benefit payments two weeks after you file your claim. Note: There is no waiting period for Paid Family Leave (PFL).

What is the fastest way to get Social Security disability?

How to get Social Security Disability benefits fast ― or at least, speed up the process.Meet the criteria for a “Compassionate Allowances” condition. ... File appeals quickly. ... Express “dire need.” ... Request an “on the record” decision. ... Launch a Congressional Inquiry. ... Hire a skilled Disability attorney.

Is there back pay for Social Security disability?

Thankfully, the Social Security Administration will issue SSDI back pay. You are entitled to benefit payments that you would have received between the time of your application and the start of your monthly benefit payments.Jun 18, 2020

How do I know if my SDI has been approved?

Most claims are processed within 14 days of receipt of a completed claim. You can log in to your account to check the status of your DI claim at any time. Note: For the status of your PFL claim, you must call 1-877-238-4373.Feb 18, 2022

What does pending processing mean for disability?

It just means they are still in the process of writing up your decision. This is neither good nor bad. Wishing you nothing but the best. Butterfly (not verified)Oct 18, 2017

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

How do I survive waiting for disability?

How can I stay afloat while waiting for Social Security benefits?Tip #1: Work While Waiting For Social Security Approval.Tip #2: Apply for Other Types of Support While Waiting For Disability.Tip #3: Find Other Sources of Support or Financial Assistance.BEWARE:More items...•Mar 2, 2021

Who makes the final decision on Social Security disability?

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 is the 5 month waiting period for SSDI?

Is there a waiting period for Social Security Disability Insurance (SSDI) benefits? If we find you disabled, there is generally a five-month waiting period before we can begin your benefits. We will pay your first benefit the sixth full month after the date we find your disability began.Mar 30, 2021

How is Social Security disability back pay calculated?

Back Pay is determined in relation to the date you filed your disability claim and the date that the Social Security Administration (SSA) decides that your disability began, also known as the “established onset date.” The established onset date is determined by a DDS examiner or an administrative law judge, based on ...

What is the monthly amount for Social Security disability?

Social Security disability payments are modest At the beginning of 2019, Social Security paid an average monthly disability benefit of about $1,234 to all disabled workers.

The “3 to 5 Months” Wait Time, and Why It’S Disappointing

The Social Security Administration (SSA) website claims that applicants typically wait three to five months to receive a decision—but how long real...

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Why There Is Such A Long Wait For Social Security Disability Benefits?

While there may be ways to speed up the approval process for your SSD benefits, waiting for SSD eligibility can take months—and even longer if you...

Getting Approved For Disability Benefits

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...

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 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.

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 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 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

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 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 important is the onset date for disability?

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.

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.

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 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 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.

Why do investigators go undercover?

Investigators Go Undercover to Catch People Committing Fraud. Oftentimes, when it comes to disability, whether it’s a disability claim, workers compensation claim, or personal injury claim, the insurance companies will do everything they can to try to minimize the amount of payment to the claimant.

How long does it take for a case to be reviewed by an administrative judge?

Depending upon the administrative law judge’s schedule, a typical review can take several months after the administrative law judge hears your case. Prior to that, it may take a year or two before your case is actually heard before an administrative law judge.

Is social media considered public domain?

Yes. Social media accounts are considered public domain, which means that they are fair gain when it comes to surveillance and disability insurance. Accordingly, if there is a video or picture of you at the bars celebrating a birthday with your friends, or there is a video of you on vacation, all of that can be used against you to show that you are not disabled. This is why it is important to realize this, and if any of your social media posts are used against you, you should contact a disability law firm right away.

Can the SSA read your tax returns?

Yes, the SSA can read your tax returns to determine what jobs you have been employed with. If the SSA determines that you have been employed while receiving disability benefits, this may affect your disability benefits.

How long does it take to get a Social Security denial letter?

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.

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

If your lawyer is familiar with the judge, he or she may have an idea of how long that judge is known to take to issue a decision. The average is eight weeks. You can also call your hearing office to ask about the status of your particular case.

How long does it take to get a decision from a hearing?

It can take anywhere from two weeks to three months or more.

Does Buffalo have a long wait for hearings?

Answer. New York's hearing offices are experiencing long wait times for hearings, and the Buffalo office in particular has a long backlog of disability cases. Long wait times for hearings also generally mean longer than usual wait times for the final decision letter. That said, it does often take longer to get a denial decision from a judge ...

How long is the waiting period for Social Security Disability?

You may have a future month of entitlement, because of the mandatory five month waiting period for Social Security Disability claims for which you are not entitled to receive disability benefits (note: SSI claims are not subject to a waiting period).

What is CR in Social Security?

Once your claim is back in your local office, a social security claims representative, or CR, completes all the necessary actions to get your claim into disability pay status. Generally, they are able to quickly adjudicate your disability claim and you will receive your Social Security Disability or SSI benefits the month you are entitled ...

Can I get disability if I don't have a future month?

If you do not have a future month of entitlement, your disability benefits may still be delayed if additional actions are needed to clear your disability claim for payment. If your disability claim requires a manual action to clear it for payment, it could take a little longer for you to receive disability benefits after you have been approved.

What is the SSA disability determination process?

The SSA’s disability determinations process uses an evidence-based approach in granting disability benefits. They will want you to prove that your disability really prevents you from going back to work or doing any type of income-generating activity.

What to do if your disability is denied?

If your claim gets denied at the initial application stage, you have the right to appeal the SSA’s decision. This is where an experienced disability lawyer can help you too. They can help you navigate the appeals process and file a request for reconsideration.

How to get disability if you have never applied?

1. Conduct an Initial Review of Your Case. When you first get in touch with a disability lawyer, they will conduct an initial review of your case. If you’ve never applied for disability benefits, they will assess your eligibility for disability. But if you’ve already been denied, they will look at what went wrong with your application.

What happens if you hire a disability lawyer?

If you hire a disability lawyer, the burden of compiling the necessary evidence to support your claim will fall largely on them. You won’t have to stress yourself talking to your doctors or thinking about what type of medical evidence you need to get.

Is a disability lawyer required for Social Security in 2021?

June 17, 2021. When you’re applying for social security disability benefits, hiring a disability lawyer is not required by law. But doing so can be very beneficial for your case. According to the SSA, denied social security disability claims average at 53%. Most of them got denied during the initial application stage.

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.

Does an advocate get paid if you win a disability case?

7. Doesn’t Get Paid Unless You Win. If you’ve been on the fence about hiring a disability lawyer because of monetary concerns, worry not. In most states, an attorney or advocate cannot collect fees unless you win the case. The attorney’s fee will be deducted from your total benefits once it’s released.