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.
Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.
Here are some more ways to speed up your disability application.Requesting an OTR Decision. ... Requesting an Attorney Advisor Decision. ... Compassionate Allowances List. ... Terminal Illnesses. ... Presumptive Disability. ... Dire Need. ... Military Service Members. ... Contacting a Member of Congress.
Typically you will receive disability benefits within 60 days of your favorable decision. Whether your claim was approved in one month or two years, your disability benefits can never arrive soon enough!
OklahomaOklahoma is the hardest state to get for Social Security disability. This state has an SSDI approval rate of only 33.4% in 2020 and also had the worst approval rate in 2019 with 34.6% of SSDI applications approved. Alaska had the second-worst approval rate, with 35.3% of applications approved in 2020 and 36.2% in 2019.
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.
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)
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.
The American Recovery and Reinvestment Act provides for a one-time payment of $250 to Social Security and Supplemental Security Income, or (SSI) beneficiaries, as well as those who receive Railroad Retirement and Veterans benefits.
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.
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.
Fully favorable--means that SSA has found that you are disabled as of the date you allege your disability began.
The following five statements should never be announced at your disability hearing.“I can't work because no one will hire me.” ... “I don't know why I'm here. ... “I don't do chores because my significant other, friend or family member does them.” ... “I have never used drugs or alcohol in my life.”More items...•
Be Honest and Don't Exaggerate The most important way to answer an ALJ's question is with honesty. Some claimants feel that if they make their symptoms sound worse than they really are, they will have a better chance at winning their claim. However, exaggerating your disability usually has the opposite affect.
Five Tips to Prepare for Your HearingReview your file. You need to review your application, your medical records, and any correspondence with the SSA. ... Prepare a cheat sheet. ... Provide recent medical records. ... Obtain a written doctor's statement. ... Retain an attorney.
Make sure your clothes are clean and presentable. Try to select items that don't have obvious stains or holes. Select items that fit conservatively. Overly revealing clothing will distract from your claim and may give the judge the impression that you aren't taking your hearing seriously.
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.
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 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.
In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.
Once you have a hearing, it will take approximately two to three months to receive a written decision in the mail from the Judge. The Judge will write a 10-15 page decision, regardless of the outcome, explaining why she or he decided favorably or unfavorably.
There are many reasons to get legal representation when you suffer from a disability and are looking to get disability from the Social Security Administration. Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly. Can a lawyer help you get a hearing more quickly? No. 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. Can a lawyer help you get your benefits more quickly if you win? Possibly, especially if your lawyer has been handling Social Security Disability cases and has a relationship with the Social Security Administration. But are either of these a guarantee? Unfortunately, no. This is the case whether you have the top disability lawyers in Maryland or are representing yourself. The good news, though, is that our Social Security disability lawyers at Greenberg and Bederman are familiar with the law judges and the staff at Social Security, and we understand the rules to help you get your disability claim through the system. We do this by writing briefs to Judges, presenting the briefs how each judge likes to see them presented, collecting the proper medical evidence to prove your case, getting documentation to prove that you have dire financial needs, and by giving you tips to optimize your chances of collecting SSD or SSI.
Your local Social Security office can provide a list of legal referral services and nonprofit groups, such as bar associations and legal aid organizations, that can either provide or help you find representation. The National Organization of Social Security Claimants’ Representatives also has a referral service, and you can search online legal directories such as Avvo, FindLaw and Lawyers.com for attorneys in your area who specialize in disability claims.
A lawyer or advocate can fill out the SSDI or SSI application on your behalf and help gather medical records and other evidence for your claim. They can review your application for mistakes or omissions that could hurt your chances of success and can join you for meetings or conferences with Social Security officials.
In a typical fee agreement, the representative's payment is capped by federal law at 25 percent of back pay or $6,000, whichever is less.
Once you've chosen someone to handle your case, you need to notify Social Security in writing. Download an SSA-1696 form from the Social Security website and send the completed version to your local Social Security office. Alternatively, your representative can file it for you electronically. Both you and your representative will need to provide an electronic signature for verification.
Having an attorney or advocate can be especially important if you disagree with Social Security's initial decision on your claim and file an appeal.
Most disability lawyers and advocates work on a contingency basis, meaning they only get paid if your claim is approved. Any fee agreement between you and your representative must be authorized by Social Security.
During the COVID-19 pandemic, Social Security is also permitting claimants to verbally appoint a representative during a telephone hearing with an administrative law judge. You must still submit the written notice afterward.
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. Their experience and knowledge of the system can help you get approval during the initial application stage. This means you won’t have to go through a lengthy case review and even an appeals process. They may even get you qualified for quick disability determination.
If your claim is denied again after a disability hearing with the administrative law judge (ALJ), your lawyer can also help you appeal your case with the Appeals Council. The council will look at new medical evidence (if any) or any evidence that was not considered by the ALJ . Your lawyer can also help you gather that new medical evidence if necessary.
Some factors that can affect the turnaround time include: whether you got approved at the initial application stage. the availability of your medical records. your medical condition. the state you live in. A disability lawyer knows what the SSA wants to see and hear.
Surveys also show that 60% of those who had legal assistance was approved for benefits. While only 34% of claimants got approved without a lawyer. These statistics are backed by government data which shows that applicants represented by lawyers are 2.9 times more likely to get benefits.
They can also help you gather medical evidence and talk to medical professionals on how to properly present your condition to the SSA. If yours is a terminal illness, your lawyer can alert the SSA too so you’ll be eligible for expedited treatment.
You will be asked sensitive and personal questions about your medical condition. Commonly, applicants will be asked about their ability to sit and stand. The judge will likely ask you questions about your ability to accomplish common household tasks in order to get an idea of your physical abilities- can you carry in groceries, perform yard work, etc… How you answer these questions is important to your claim. For example, an applicant may be able to carry groceries in from their car but that does not mean they can work in a warehouse carrying boxes eight hours a day, five days a week. A lawyer knows how to answer questions in a way that will present your claim in the best possible light.
You and your attorney are a team and must work together. Keeping good record of how your condition has affected your ability to work is paramount in determining the success of your case.
1. Apply for disability - On average, a disability application filed with the social security administration will take 3-4 months for a decision. 2. File a reconsideration appeal - This is the first appeal in the social security system.
It can be filed within 60 days of the denial on the disability application, though, for the sake of common sense, it should be filed immediately after the first denial is received so that time can be saved. Reconsiderations are nearly always denied.
Having a disability lawyer or disability representative will do the following for you: 1. You probably won't miss deadlines, such as for filing an appeal or going to a consultative medical exam. This is because your representative will know about your appointments and remind you. 2.
If your case goes to a hearing, it will be prepared properly and argued before the administrative law judge with appropriate knowledge of disability rules and regulations. An example of procrastination and how getting a lawyer would have saved time.
In addition to this, the purpose of a disability representative is to present a theory of the case to the judge and an argument for approval in light of the relevant facts and the medical vocational rules and social security guidelines that apply to the case ; the attorney or non-attorney representative will also respond to any testimony and hypothetical scenarios addressed by expert medical and vocational witnesses that the judge may choose to have appear at the hearing.
It is also quite possible that they would also now be receiving medicare benefits. There is technically a two-year wait for medicare following the first month of eligibility for disability benefits, but, due to the nature of how the system actually plays out, many claimants are eligible for medicare from the time that they receive their first disability check. However, this can only happen if the person has gone through the process of applying, being denied, appealing, and eventually winning the disability case.
This is because the social security system is now receiving more claims than ever before (the U.S. population is growing, getting older, and the social security administration, with its budget constraints, is not able to keep its workforce at a level that would allow for fast processing of claims). 4.
We know the details of winning an SSI claim, so you don’t have to worry.
If the Social Security Administration needs additional forms filled out by you regarding your case, we’ll communicate with you regarding exactly what they’ll need when processing your claim.
There are many ways an attorney can help you win your SSI claim. And although you may be initially concerned that you may not be able to afford a lawyer to help you win your SSI benefits, in most cases Affleck & Gordon will only collect their fee if they win your case.
When you begin your SSI claim, you have several options. You can file your claim online if you meet certain categories. You can call the Social Security Administration directly to make an appointment at an office near you. You may also go directly to the Social Security office without an appointment, but expect a longer wait time.
For borderline cases, however—disability claims without an obvious, clear-cut long-term impairment—some disability attorneys suggest you wait until you haven't worked for six months before you apply for benefits.
Social Security disability and SSI cases can drag on for a long time. In fact, it is not uncommon for an initial application to exceed the 90-120 days commonly estimated by the Social Security Administration (SSA) and take as long as six months to get a decision. And if an initial claim for disability benefits is denied (about 70% of initial claims are), going through the lengthy appeals process will become necessary.
If your initial application is denied and your medical condition worsens by the time of your appeal hearing, you'll be able to submit the new evidence about how your condition has deteriorated at that point.
And if you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
The only real con of hiring a lawyer is that, if you win your claim, the lawyer will receive part of your back payments from Social Security. The lawyer can take up to 25% of your backpay, up to a maximum cap of $6,000 (but the fee has to be based on the amount of time the lawyer spends on your case). When we surveyed readers, we found that the average fee collected by Social Security lawyers was $3,750, much lower than the maximum (and even lower in SSI cases: $2,900).
Is hiring a lawyer for your hearing worth the money? In the survey of readers we did, the average attorneys' fee for those who hired a lawyer for the hearing was $4,600 (though more than half paid the maximum fee of $6,000). But the hearing is the last good chance you have of getting approved for benefits, so you may decide it's worth part of your backpay to hire the lawyer (and you don't have to pay if you don't win).
If you're denied at the application level, it becomes more important to hire a lawyer. Disability lawyers know how to prepare a disability case for a hearing and they have the necessary expertise with Social Security rules and regulations to win at the hearing. Your lawyer may want to practice asking you questions that the judge might ask so that you aren't nervous at the hearing and so that you can testify (honestly) in a way that's helpful to your case.
If you don't want to wait upwards of two years for a hearing date, you might try to hire an attorney for help with the initial application.
If your medical records are insufficient, your lawyer could also help you arrange for a breathing test or ejection fraction test before you apply, so that you have a better chance of winning disability at the initial application stage. If necessary, a disability attorney can request that Social Security schedule (and pay for) an exam with a doctor or psychologist.
In your case, your lawyer would assess whether you could meet the COPD listing or the CHF listing. If your medical records show that you have poor breathing test results or poor ejection fraction measurements (gauging the blood flow through the heart ), your lawyer should be able to tell you if you have a good chance of meeting the requirements of one or both listings.
A disability lawyer can examine your initial application, determine why you were denied, and, if possible, make the necessary changes to get your application approved.
If you hire an experienced Social Security disability lawyer before you apply for Social Security disability benefits, then you can be confident that your attorney will: 1 Collect all the information that you need to apply and know how to use this information to your advantage. 2 Make sure that all of the information supporting your application is submitted correctly and on time. 3 Protect your right to a fair hearing. 4 File any necessary appeals to challenge unfavorable decisions. 5 Act as your advocate should you have to go to court. 6 Help you to prepare yourself for any court proceedings. 7 Speed up the time it takes to begin receiving benefit checks.
If your second claim is denied, your attorney can file for all hearings and appeals necessary to obtain benefits.
You cannot locate all the information required by the Social Security Administration (SSA) disability program.