how long does it take using a lawyer to file for disability

by Dasia Ortiz 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.Nov 8, 2021

Full Answer

Do I need a lawyer to file a disability claim?

With the help of a disability benefits attorney and the supporting documentation that confirms the severity of your condition, the claims process may go more smoothly, and your claim may be approved more quickly than if you do not have legal representation. The claims process can still take several months though.

How long does it take to process a disability claim?

How long does the claims process usually take? The timeframe depends on your individual claim and the stage in which it is currently. For a new disability claim, the average processing time can vary from 3 months to 9 months.

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

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. Reconsideration review. Before you can request a hearing, you'll need to go through a reconsideration review with a disability examiner.

When should I retain a disability benefits attorney?

You can retain a disability benefits attorney at any time during the disability claims process, but you should retain one before the hearing level so you can make sure you are prepared to testify before an administrative law judge.

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.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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.

How long does it take to get Social Security disability Once approved?

one to two monthsUnfortunately, Social Security disability claimants typically have to wait one to two months after approval before they will see their first Social Security Disability monthly payment. In most cases, it will take even longer for you to receive your back pay.

How can I survive waiting on disability?

While you wait for disability benefits to be approved, consider seeking assistance through other local, state, and federal support programs. These may include: Supplemental Nutritional Assistance Program (SNAP) Temporary Assistance for Needy Families (TANF)

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

What's the quickest you can get disability?

The earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months. There is no such waiting period for SSI payments.

Why do you have to wait 5 months for disability?

Applicants can begin to receive benefits starting the sixth month after their established onset date (EOD) due to a mandatory five-month waiting period maintained by the SSA. The purpose of this waiting period is to ensure that applicants have long-term disabilities before they receive any benefits.

What medical conditions qualify for disability?

Special senses and speech, such as impaired hearing, sight or speech. Respiratory illnesses, such as asthma, chronic obstructive pulmonary disease (COPD) and cystic fibrosis. Cardiovascular illnesses, such as arrhythmia, congenital heart disease and heart failure. Digestive system, such as bowel or liver disease.

How far back does Social Security disability pay?

twelve monthsSSDI disability benefits can accrue either from the initial date of application, or as far back as twelve months prior to the date of application, less a five-month waiting period.

How do they determine how much disability you get?

To calculate how much you would receive as your disability benefit, SSA uses the average amount you've earned per month over a period of your adult years, adjusted for inflation. To simplify this formula here, just enter your typical annual income. This income will be adjusted to estimate wage growth over your career.

What is the monthly amount for Social Security disability?

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.

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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:

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.

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.

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.

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 to appeal a disability claim?

Hiring a disability lawyer to file a reconsideration appeal following receipt of a first-time denial will shorten the time it takes to get approved. Disability attorneys like Joel Thrift specialize in: 1 Completing disability claims that concisely prove you have met SSA criteria for being disabled and unable to perform work 2 Gathering medical documents to clearly demonstrate all your impairments 3 Communicating expeditiously with your physicians in ways that will bolster your claim

How long does it take to get a reply from Social Security?

Depending on how understaffed or busy your local Social Security Administration office is, you could wait up to six to nine months to receive a reply regarding a reconsideration appeal. Since the majority of reconsideration appeals are denied, you can expect to wait a full year to receive a reply from the SSA after sending your denied claim to an administrative law judge.

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 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 long does it take to get a disability claim?

For a new disability claim, the average processing time can vary from 3 months to 9 months. For claims that are appealed following the initial denial, the processing varies from 8 to 16 months in most cases.

How to file a disability claim if you can't work?

The claim can be filed online at www.ssa.gov, or you can call 1-800-772-1213 and speak with a representative.

What does an attorney do during a subpoena hearing?

If so, your lawyer will handle the process of subpoenaing witnesses to testify on your behalf during the hearing.

How much can a disability lawyer charge?

The maximum amount a disability lawyer can charge is 25 percent of your backpay. The maximum an attorney can receive from your backpay is $6,000. As an example, if your backpay is $12,000, your attorney will receive $3,000 and you will receive the remaining $9,000. Your attorney can advance you the expenses associated with your case.

What to do if your medical claim is denied?

If your original claim is denied, your attorney will represent you at any necessary appeals, such as reconsideration and hearing proceedings. He or she can collect and submit key medical evidence, communicate with your doctor and any other medical professionals who have treated you, and prepare you for any questions that the administrative law judge may ask. They may also be able to move your case forward more quickly, especially if you are in dire financial need or your condition is terminal.

What is administrative law hearing?

An administrative law judge hearing is just like any case in court. You will testify before a judge, and medical and vocational experts may be called to testify. You should be prepared to respond to the questions, and your attorney will be able to help you get ready for this.

What does a lawyer know about a claim?

Based on the notice, your lawyer will know what evidence is lacking. Your attorney will know what kind of evidence is needed to help you get your claim approved. Your lawyer will gather the documentation that he or she believes will help you get your claim approved.

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. If you decide to hire an attorney to assist with the application process, the right lawyer will know what the Social Security Administration (SSA)is looking for and can prevent mistakes that …
See more on socialsecuritylawoc.com

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. Currently, only 13.6% of appeals on Reconsideration ar…
See more on socialsecuritylawoc.com

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