how long does it take with a lawyer to get approved for ssdi

by Cierra Cassin 4 min read

Depending on where in California you live, it can take anywhere from 327 days to 602 days to obtain your California Social Security Disability hearing. Then it takes another 45 to 90 days before you receive the decision from the administrative law judge who heard your disability case.

How long does it take to get approved for SSDI?

Jul 27, 2021 · Filing for your SSI or SSDI benefits can take anywhere from a month to years, depending on your location and how complicated your case is. When initially applying, it is not uncommon that it takes at least six months to receive a decision.

When should I hire a Social Security disability attorney?

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.

How long does it take to reapply for Social Security disability?

Sep 10, 2021 · Here is how long it could take: Initial application. The average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months. Reconsideration.

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

Sep 04, 2020 · The average processing time for a compassionate allowance application is about 19 days, which is much faster than the average processing time for standard SSDI applications. These are some of the many steps you can take to speed up the approval process and get your benefits as quickly as possible.

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How fast can SSDI be approved?

Generally, 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 are the stages of getting approved for disability?

There are four stages for SSDI and SSI applications: Initial, Reconsideration, Hearing, and Appeals Council. These steps are the same for both SSI and SSDI applicants.

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.Feb 10, 2022

How long does it take to get SSDI approval letter?

The Social Security Administration (SSA) states on its website that applicants may have to wait between three and five months to get a letter confirming your benefits after approval of your application. The application itself could take between one and three months to reach a decision.Dec 31, 2020

What are the 5 steps for SSDI?

Social Security Administration's 5-Step Sequential Disability Evaluation
  • Step 1: Financial Eligibility. ...
  • Step 2: Severe Impairment. ...
  • Step 3: Impairment Criteria. ...
  • Step 4: Previous Employment. ...
  • Step 5: Work Capacity. ...
  • Submitting an SSI or SSDI Application.

How long after I receive my award letter will I get my money?

You can usually expect your back pay and first monthly check to start 30-90 days after the award letter. As far as insurance is concerned, if you were approved for SSI, you will receive If approved for SSI, will receive Medicaid benefits automatically depending on the state you live in.Feb 1, 2022

Why is my SSDI decision 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.Jan 30, 2020

How can I survive waiting for 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)Mar 2, 2021

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 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.Dec 16, 2021

How will I know if my Social Security Disability is approved?

You can check the status of your application online using your personal my Social Security account. If you are unable to check your status online, you can call us 1-800-772-1213 (TTY 1-800-325-0778) from 8:00 a.m. to 7:00 p.m., Monday through Friday.

How does SSDI calculate back pay?

So, to calculate your entitlement date, you simply add 5 months to your established disability onset date, or your EOD. You use your entitlement date in order to calculate your SSDI retroactive pay.

How Long Could it Take to Get a Decision on Your SSDI Application?

Understanding how long it will take to get through the different stages of a SSDI claim can relieve your stress and help you know what to expect. Here is how long it could take:

How to Get a Decision Faster

You can take steps to speed up the process of receiving a decision from the Social Security Administration. Here are a few tips on what you can do:

How long does it take to get a hearing?

But on average, it takes about two years to get a hearing scheduled, attend the hearing, and get the judge’s final decision. If the judge does not rule in your favor, your case will move to the next stage of the appeals process, which is the Appeals Council review. Going through the Appeals Council review stage can add between six months ...

How long does it take to get compassionate allowance?

The average processing time for a compassionate allowance application is about 19 days, which is much faster than the average processing time for standard SSDI applications. These are some of the many steps you can take to speed up the approval process and get your benefits as quickly as possible.

How to appeal a federal appeal?

The amount of time it will take to win your appeal will vary depending on how many steps of the appeals process you must go through. The four main steps of the appeals process are: 1 Reconsideration 2 Administrative law judge hearing 3 Appeals Council review 4 Federal court review

How long does Medicare cover ALS?

Medicare Coverage If You're Disabled. We automatically enroll you in Original Medicare (Parts A and B) after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.

What is Medicare Part D?

Medicare Part D (Medicare prescription drug coverage) helps pay for medications doctors prescribe for treatment. For more information on the enrollment periods for Part D, we recommend you read Medicare's How to get prescription drug coverage page.

Does Medicare Part B cover outpatient care?

It’s provided at no cost to you. Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it. Most people have both parts of Medicare.

What is Medicare Advantage Plan?

Medicare Advantage Plan (previously known as Part C) – people with Medicare Parts A and Part B can choose to receive all of their health care services through plans that are offered by private companies and approved by Medicare.

What is Medicare coverage?

Medicare Coverage If You're Disabled 1 Medicare Part A (Hospital Insurance) helps pay for inpatient hospital stays, care in a skilled nursing facility, hospice care, and some home health care. The taxes you paid while you were working financed this coverage. It’s provided at no cost to you. 2 Medicare Part B (Medical Insurance) helps pay doctors' services, outpatient care, some medical supplies, and other preventive services. You will need to pay a monthly premium for this coverage if you want it.

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 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.

The Reconsideration Process

First, if you decide you want to appeal your SSDI or SSI denial you must either file the reconsideration forms yourself or you must contact a SSD disability lawyer and have them complete the reconsideration for you. The reconsideration forms must be submitted to the Social Security Administration within 60 days from the date of the denial letter.

What happens in the Reconsideration Process?

Unfortunately, up to 80% of claimants are denied a second time in the reconsideration phase because the disability application is simply sent to another SSA disability examiner who reviews the claim a second time. Unless you have added additional medical information to your claim, it is unlikely your claim will be approved.

Should you hire a disability lawyer?

This is a great question, and there are several opinions. Some experts would suggest that it is a good idea to get a disability lawyer involved in your claim as soon as possible and have them complete your reconsideration appeal forms.

Do you need a disability lawyer for your hearing?

Unless you understand how to read medical records, the judicial processes, the disability rules and regulations and you know how to argue your case in court in front of an Administrative Law Judge (who you have waited months to see), it is a good idea to hire a disability lawyer.

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 to get a decision from a hearing?

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

How long does it take for a judge to decide a case?

It can take anywhere from two weeks to three months or more . 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. The number for the Office of Hearings ...

How long do you have to be out of work to get SSDI?

1. Ideally, you should have already been out of work for five months or more when you apply for SSDI. If you work up until the day you submit your disability benefits application, the SSA will almost certainly reject it.

What age do you have to be to get SSDI?

(According to the SSA, that usually means you haven’t turned 65, 66 or 67 yet, depending on your birth year.)

Can you work full time if you are disabled?

That’s because you must prove that you cannot work directly as a result of your disability to qualify for benefits. In some cases, you can show that it was difficult to work full-time because of your disability.

How many hours can you work if you are disabled?

Your disability must specifically make you unable to perform your usual job duties regularly for 40 hours a week. This is one of the trickier disability secrets, since some jobs are easier to do than others once you’re disabled.

Can I receive Social Security and SSDI at the same time?

Here’s one of the little-known disability secrets: You cannot receive SSDI and Social Security retirement checks at the same time.

Can I get disability if I can't work?

But if your disability makes you unable to work, you can apply for benefits through the federal government’s SSDI program. (SSDI stands for Social Security disability insurance, which includes monthly checks as well as Medicare ...

What is the first question people ask when they apply for disability?

The first question people ask when they apply for disability is whether they will be approved for benefits. Unfortunately, the odds that your disability application will be approved at the initial stage of the process are not good.

How long does a disability last?

Eligibility for social security disability benefits requires either that the disability lasts, or is expected to last, 12 months or longer, or will result in your death. This means that disability benefits are paid only for long-term disability; short-term disability does not qualify.

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