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

by Fletcher Jast 7 min read

How long does it take to get a disability hearing? If you submit a request for a hearing, how long it takes will depend on your state, because backlogs vary from state to state. However, you should expect that it will take between 6 months and a year to get a hearing.

327 days to 602 days

Full Answer

What is the average wait time for a disability hearing?

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. America's Foremost Disability Expert 3 Things You Must Know About Social Security Disability Claims

How long does it take to request a disability hearing?

Sep 22, 2018 · How long it takes to get disability with a lawyer can go from months to years. It all depends on the complexity of your case and where you reside. For you to receive a decision for your initial claim application, it can take up to six months. If the decision is a denial, you have the right to appeal for Reconsideration.

How long does it take to start receiving disability?

However, you should expect that it will take between 6 months and a year to get a hearing. In many states, it can take longer. After getting a lawyer, that individual can tell you about current wait times for hearing requests in your state. How long does it take to get a disability decision after the hearing is held?

What can I expect at my disability hearing?

Jun 07, 2010 · 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.

Why does it take so long to get a decision from disability hearing?

The length of time it takes to receive the ALJ's decision is dependent upon the workload the judge has, as well as the efficiency of the office and its staff members, but is typically around 60 days. Staff decision writers at the hearings office are responsible for writing the decision.

What are the odds of getting disability in a hearing?

Your odds of winning at a disability hearing before a judge are about 50%. If you have a lawyer with you, however, your odds increase to 62%, making your claim statistically more likely to be approved than be rejected.Sep 1, 2020

How can I speed up my disability hearing?

Dire Need. After you file a request for hearing, one way to potentially get a faster date is to send a "dire need" letter. ... Congressional Inquiry. Another way to potentially expedite a disability hearing is to contact the office of a local congressman or senator. ... On-the-Record Review. ... Attorney Advisor Opinions.

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

three to four monthsThe 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. If the SSA denies your request for benefits, you will need to file a request for reconsideration of their decision.

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

How long does it take to get a decision after an ALJ hearing?

two to three monthsGenerally, within two to three months after your hearing, the Administrative Law Judge (ALJ) will make a decision on your claim. If you are approved, you should expect another two to three months for the decision to be processed before you start receiving your checks.

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.

Why is my disability 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.

How can 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

How long does it take to hear back from Social Security disability?

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.

How much back pay do you get from Social Security disability?

SSD benefits can potentially be received back to the year prior to the application date. This means you will receive a maximum of 12 months of back pay benefits.

How long does it take to get an award letter from Social Security?

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

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 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 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.

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 ...

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.

Getting the decision vs getting approved

No matter how quickly you get a decision, the truth is that most claims are denied at the application level, and so most people will need to file one or more appeals before they are finally approved.

Having to file a request for a disability hearing appeal

But…what if you get denied on the application and also the reconsideration appeal? This is where the wait becomes longer and where you submit a request for a hearing before an administrative law judge.

Many people get their approval at a hearing

The disability hearing is where you should have a disability lawyer, or a disability representative, to handle your case. A lawyer will try to get your case approved by meeting a disability listing, or proving you qualify through a medical vocational allowance.

How long does it take to get a disability hearing?

If you submit a request for a hearing, how long it takes will depend on your state, because backlogs vary from state to state. However, you should expect that it will take between 6 months and a year to get a hearing. In many states, it can take longer.

How long does it take to get a disability decision after the hearing is held?

Many judges will tell you at the hearing that the decision will be forthcoming. They might even say that it will be a few weeks. However, there’s more to the story. Even if the ALJ, or administrative law judge, makes up his or her mind quickly, the decision still needs to be written up. This is done by a decision writer at the hearing office.

Can you get a faster disability decision?

This can happen, but it usually applies to certain circumstances. Not all disability applicants have to go through the entire disability process and Social Security uses some streamlining procedures to decide which cases should get faster attention.

Terminal cases, or TERI cases

If a person has a terminal condition, their disability claim is expedited through the TERI process. TERI designated disability cases are generally processed in less than thirty days.

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 to get approved for disability?

While there may not be a concrete answer as to how long it takes for Social Security disability approval, there are ways to possibly speed up the process. 1. Consult a Lawyer. An attorney or advocate who specializes in Social Security disability cases knows exactly what you need in terms of documentation, ...

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 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 a disability hearing?

Some hearing offices say it will take approximately six weeks to receive a decision; some judges tell claimants they try to have the decision out in 30 days.

Do I get my backpayment before I receive my notice of award?

And some claimants will even find that a large backpayment has been deposited to a checking account before a notice of award letter has even been received.

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.

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 much can you earn on disability in 2020?

For 2020, that means being able to earn more than $1,260 per month, or $2,110 if you are blind ...

How much is a Social Security disability in 2020?

Individuals pay into Social Security by working certain covered jobs, and their earnings are converted into work credits. In 2020, $1,410 in earnings is equivalent to one credit (like SGA, the amount changes annually).

How many work credits do you need to be disabled?

For example, if you were disabled at age 29, you need four years of work history and 16 credits. 31 to 42 years old: You need a minimum of 20 work credits,

Can an attorney approve a disability application?

Although no attorney can guarantee that the SSA will approve your application for social security disability benefits, some factors push the odds of approval in your favor.

Is alimony considered income for SSD?

Certain payments considered income for income tax purposes, such as alimony payments, are not counted as income for purposes of determining monthly income for SSD purposes. Likewise, you can be ineligible for benefits even if you earn less than SGA. For example, if the SSA finds that you could perform other work, ...