· 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.
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.
So, if you start with 100 people applying for disability, 30 people (i.e. 30 percent) will get approved within 3-4 months time on average. The remaining 70 who got denied should file an appeal. Of those 70 who appeal, about 56 will be denied (80 percent), and 14 of them (20 percent) will be approved. Who gets approved in a six month timeframe?
 · But it's taking much longer for DDS to make the initial decisions. The national average processing time for initial claims was 5 1/2 months in 2021. DDS used to take about 3 1/2 to 4 months to make most disability decisions, but in 2022, you should expect to wait 5 to 6 months for an initial decision.
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.
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.
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.
Typically, claimants can expect to receive Social Security disability award letters within one to two months from the date they're approved, but in many instances, the wait may be significantly shorter, or longer. The timing of award letters depends on what stage of the process you're at—initial application or appeal.
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.
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)
SSDI 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.
The calculation is rather simple. The SSA takes the months between your application date and your approval date and multiples it by your monthly payment. If you receive the maximum payment of $735, and it took the SSA eight months to approve your claim, you would be entitled to $5,880 in back pay.
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...•
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.
Generally, if your application for Social Security Disability Insurance (SSDI) is approved, you must wait five months before you can receive your first SSDI benefit payment. This means you would receive your first payment in the sixth full month after the date we find that your disability began.
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.
The Social Security Administration (SSA) website claims that applicants typically wait three to five months to receive a decision—but how long real...
Getting your SSD benefits claim approved by the SSA is a lengthy process full of questions: What goes on behind the scenes during the Social Securi...
While there may be ways to speed up the approval process for your SSD benefits, waiting for SSD eligibility can take months—and even longer if you...
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...
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.
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;
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.
That’s why many applicants find that they wait six months to two years before finally receiving benefits. Here’s what you need to know about various types of claims and a brief overview of the four stages of application and appeals:
First-time applicants win approval in 3-5 months, on average. In 2020, the SSA approved a little more than 1 in 5 first-time applicants. Most claimants have to appeal their initial denials, especially if they don’t have a lawyer handling their cases.
If your case is denied at the hearing stage, you should appeal immediately with the help of an experienced Social Security attorney or advocate. Hiring an attorney from the beginning may improve your chances of being found eligible the first time.
This step is where your application will be assigned to a disability examiner, who is a case-processing specialist. Your application’s disability examiner will collect much of the needed information and provide the initial determination about your claim. This gathering is at the heart of your claim approval 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).
The amount of time it takes for you to win approval depends on which level of appeal your claim must go through. For example, some applicants who have their claim approved after reconsideration may be approved within six months. Applicants who take their claim to the appeals council for review may experience a wait time of two years. Appealing to a Federal court may take more than a year after the appeals council.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Many SSDI applica nts assume that having a disability lawyer will allow them to bypass the thousands of other disability applicants and somehow catapult their disability application to the front of the disability processing line. Unfortunately, that is beyond what the disability attorney will be able to do with your SSDI case.
Although a disability lawyer will not be able to expedite your disability application they will give you a better chance of winning at every appeal step, thereby potentially saving your time. For instance, if you are scheduled for a SSDI disability hearing the disability lawyer can do the following, which can give you a better chance ...
You can find your local legal aid office in this directory from Legal Services Corporation. If you live near law schools, you can call them to see if they have a disability "clinic" where law students represent disability claimants, although you won't get the benefit of an experienced disability lawyer.
Free consultations can take place on the phone or in person, and usually last from 30 minutes to an hour.
Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case. Today, many legal aid offices will represent clients only in Social Security overpayment situations, since it can be difficult to find a lawyer for help in these cases. (For more information, read our article about finding a lawyer for an overpayment problem .)
There are non-profit law firms and legal aid organizations that help claimants with Social Security disability cases. However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case. And legal aid organizations often use the fees they earn from winning disability claims to fund other services they provide.
Many legal aid offices stopped providing representation for Social Security disability claims after a rule change in 2005 that required the Social Security Administration to pay lawyer fees in SSI cases directly to the attorney. This meant that SSI claimants would have an easier time finding lawyers to take their case.
However, even legal aid attorneys and nonattorney advocates who are registered with Social Security are permitted to collect fees from disability backpay to compensate them for the time they spend working on your case.
Disability attorneys do not require their fees to be paid up front. Instead, they collect a maximum of 25% of your retroactive benefits ( backpay) or $6,000, whichever is less. Social Security pays your attorney directly out of your backpay award.
Again, the maximum the disability attorney or nonattorney advocate can charge is 25% of your backpay for his or her services, up to a maximum of $6,000. For example, if your back-dated benefits are calculated to be $10,000, your representative will be paid $2,500 and you will receive $7,500. However, an experienced representative is likely to be able to get you more in backpay by negotiating your disability onset date with the SSA —s omething you can't do without a hearing (in an "on-the-record" ALJ decision) if you're not represented.
During the course of representation, a disability attorney or nonlawyer advocate usually has to request a claimant's medical, school, work records, and occasionally medical or psychological examinations; these can be expensive. The client must pay these costs separately from the attorney's fee (of 25% of their backpay).
It doesn't usually cost you anything to hire a representative; the fee will be paid out of the disability award you eventually receive. Some representatives, however, will ask you to pay a nominal amount for costs (see below) at the beginning of your case.
The representative will be paid only out of your past-due benefits, or "backpay." If no back-dated benefits are awarded, the representative will not receive a fee. However, in this situation and a few others, the representative is allowed to submit a fee petition to Social Security to request a higher fee.
Social Security Disability attorneys and advocates work "on contingency," meaning they get paid only if you win your case. Unlike many attorneys, disability lawyers do not charge up-front fees or require a retainer to work on a Social Security disability case. Most disability attorneys and nonlawyer representatives will be paid a fee only ...
Sometimes a representative will ask for money in advance to pay for these items. This is permitted so long as the representative holds the money in trust until it is needed. However, attorneys usually front these costs for their clients. Then, once the case has closed, regardless of whether you win or lose, the attorney will send the client a bill requesting reimbursement for any funds fronted on behalf of the client.
The two-tier agreement will call for the lawyer to be paid the usual maximum fee of 25% of your backpay, capped at $6,000, if you are approved at the initial application, reconsideration, or ALJ hearing stage, but allows the attorney to petition for fees beyond the $6,000 cap if the case goes further.
If you lose your disability appeal hearing and your lawyer appeals the case to Social Security's Appeals Council and federal district court, your lawyer will end up spending more time on your case than usual.
Sometimes Social Security will deny a fee petition if the fee is unreasonable or doesn't reflect the amount of time spent on the case.
If multiple attorneys from different law firms have been involved in the case, each attorney who wants to charge and collect a fee must file a separate fee petition, unless an attorney has waived — agreed not to collect — his or her fee.
Your attorney helps you appeal after you receive a denial from an administrative law judge (ALJ).
The SSA did not approve the fee agreement. (If you don't win any past-due benefits, perhaps because the SSA processed your claim quickly and found that your date of disability onset was fairly recent, the SSA won't approve the fee agreement.)
If the SSA withholds an attorney fee from your benefits, the SSA will collect a service charge from the attorney. This service charge is 6.3% of the fee amount paid. The attorney cannot ask you to pay for this service charge. If you are not entitled to past-due benefits but you owe your lawyer because the SSA approved the fee petition, ...