how long social security disability take after lawyer

by Mariano Schamberger 5 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 Social Security disability after hearing?

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.

How long does it take to get disability benefits?

The last thing you want if you’ve recently become disabled is for this process to take two years or longer, so it’s a good idea to speak with an experienced Social Security disability advocate or attorney before you start the application process. Not only will they be able to help you prepare, but they also know what to do in the event that your application gets denied during the first round.

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

Mar 05, 2021 · It can take up to 18 months or so to get a decision if you make an appeal in federal court. Because federal court appeals are your final option to obtain Social Security Disability benefits, getting help from a knowledgeable and experienced SSD lawyer is essential. Tips For Getting Approved Fast

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

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.

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

On average, it takes about 1 to 2 months to get your disability check after your social security disability claim is approved. In some cases, it can take longer. Back payments, however, usually arrive much later. SSI payments, on the other hand, begin right away.Aug 30, 2021

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.Feb 1, 2022

How far back does Social Security pay back pay for disability?

Fifteen months elapsed from the time you became disabled — what the SSA calls your “onset date” — to when your claim was finally approved. By law SSDI benefits have a five-month waiting period — they start the sixth full month after the onset date — so you're entitled to 10 months of past-due benefits.

How do I check my disability back pay?

Call the national Social Security Administration's toll-free number, 1-800-772-1213, to receive information about your retroactive payment. The line is open 24 hours a day for you to find out your claim status and if your back payment has been processed.

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.

How do you get SSI back pay faster?

You can get some of your SSI back pay faster in certain circumstances. If you are approved for SSI or SSI and SSDI both, and you find you need this money sooner than the SSA has scheduled it for release to you, contact the Social Security Administration (SSA) and ask that they release funds to you early.Mar 11, 2020

Why is there a 5 month waiting period 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 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.

Do you get back pay for the 5 month waiting period for SSDI?

SSDI benefits are subject to a five-month waiting period. If your application is approved, you will not receive benefits for five full calendar months. This policy also affects your back pay. For example, if your claim was approved within five months of applying, you will not receive any back pay.May 13, 2021

Can I track my disability claim?

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.

Is disability back pay paid in a lump sum?

SSDI backpay is always paid as a single lump sum. How much backpay you'll receive depends on your disability onset date, your application date, and the date you were approved for benefits.

What is the most back pay for Social Security?

Therefore, the maximum amount of retroactive pay that you can receive would be one year's worth of benefits, and that would require you to have been disabled for 17 months or more prior to your application date (due to the 5-month waiting period).

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

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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...

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 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.

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.

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 appeal an SSDI denial?

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.

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 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.

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.

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, ...

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.

Initial Application and Reconsideration Decisions

Barring certain exceptions for specific illnesses or special cases, the earliest you could begin receiving Social Security Disability benefits is upon the approval of your initial application.

Appealing Social Security Disability Decisions

If your application for benefits is still denied after you’ve submitted it for reconsideration, your next step is a formal hearing before an Administrative Law Judge. You’ll need to gather additional evidence to support your claim, and it can take more than a year before you’ll get a chance to present your evidence before a judge.

Tips For Getting Approved Fast

While obtaining Social Security Disability benefits may seem like an uphill battle, there are a few things you can do to increase your chances of being approved quickly.

Contact a Social Security Disability Lawyer

If you’re suffering from a disability and need support, a Social Security Disability lawyer from Derek L. Hall, P.C. can be your greatest advocate and ally. We can help you fill out your application, collect the evidence you need, and meet all deadlines to give you the best chance of success at the initial application level.

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.

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.

Can a disability lawyer speed up SSDI?

Before your appeal your SSDI application review the process and make sure you have realistic expectations about what a disability lawyer can and cannot do to speed up your SSDI case.

How long do you have to wait to get Social Security?

Recipients in this category have to wait the longest to find out whether they get to keep their benefits— five to six months, sometimes more.

What is a CDR form?

Most disability recipients receive the short-form Form SSA-455 —what the agency calls a "mailer"—with just six questions, whose answers Social Security can scan into its computers. ...

How long does it take for SSDI to be processed?

For most SSD benefits recipients, the first payment will be issued between 30 and 60 days after the approval notice arrives. Some delays are caused by a heavy caseload of the office where your payment is processed. If they are overloaded with a wave of new applications, the pace of processing slows down.

How long does it take for Social Security to pay back?

Your backpay should be issued within 60 days of the date of your approval notice. Some SSD recipients got their backpay much faster, sometimes only days after their approval.

How to pay SSDI?

Since all new SSD payments are made electronically, you can choose from three payment methods: 1 Direct deposit allows the government to deposit the money directly into your bank checking or savings account. This is the easiest, most convenient method since you won’t need to do anything to complete the process. Once you sign up for Direct Deposit, simply check your account on the day the payment is due. 2 Direct Express debit card is a program that credits your payment to a prepaid debit card you can use for any purchase where charge or debit cards are accepted or at any ATM. Be warned, however, that debit cards can be lost or stolen. Although you can replace a card if you lose it, the inconvenience and inability to conduct transactions during the replacement process is a substantial disadvantage of these cards. 3 Electronic Transfer Account (ETA) is a third available method of payment designed for people who don’t have conventional savings or checking accounts. An Electronic Transfer Account serves as a bank or credit union account to receive and distribute federal payments. The account holder can have funds transferred to the account from other payers if they choose to. It does not permit check writing, but it provides access to funds either by ATM, in-person bank visits or by use of a debit card issued through a bank registered with the government program. The account won’t permit recurring bill payments.

What is direct deposit?

Direct deposit allows the government to deposit the money directly into your bank checking or savings account. This is the easiest, most convenient method since you won’t need to do anything to complete the process. Once you sign up for Direct Deposit, simply check your account on the day the payment is due.

Can a debit card be stolen?

Be warned, however, that debit cards can be lost or stolen.

How long does it take to get a disability check?

Usually, it takes about a month or two from the date of approval before you get your disability check. In some cases, it can take longer. Under the law, a six months waiting period between the onset of your disability and when you should get your first payment must also be observed.

When will disability payments start?

For example, if your disability started in June 2019 , your payment will start in December of that same year. But most of the time, the approval process itself eats up most of that waiting period. If your claim gets approved fairly quickly, you might have to wait long before you’ll get your hands on your first disability check.

Who is Judy Ponio?

Judy Ponio is a writer for Victor Malca Law P.A. and enjoys helping people with questions about social security, workers compensation, and other serious matters involving people’s livelihood. She is not an attorney and her writing should not be considered legal advice.

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.

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.

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