when disability case gets lawyer how long waiting for court date

by Douglas Boyle II 6 min read

Wait times for ALJ hearings average around 8 months — and that is after the 4-6 months it typically takes for a case to be reviewed but denied at the first two levels within the system.

Full Answer

How long does it take to hear back from a disability appeal?

Curious how long you’ll have to wait before hearing a decision on your own Social Security disability appeal case? As of December 2021, at the national level, most people wait 8.6 months total for their hearing date. According to the latest SSA data, here’s what to expect:

Why are Social Security disability appeal wait times getting longer?

As more Social Security disability appeal cases moved from offices with backlogs to less-busy ones, wait times for claimants grew longer. Learn how this might impact your own Social Security disability appeal and see average wait times for all 50 states below. Ready to see if you may qualify?

What is the average Social Security disability hearing processing time?

According to the FY 2021 report, the agency’s average hearing wait time was around 340 days. The latest SSA chart shows 326 days is the average hearing processing time as of December 2021.

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

Unless you have added additional medical information to your claim, it is unlikely your claim will be approved. The request for reconsideration may take 30 to 90 days to complete. If you are approved for benefits the SSA will send you a letter detailing your payment amount and the estimated date of payment.

How long does it take for ALJ to make decision?

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.

How can I tell if my SSDI hearing went well?

At most disability hearings, you can also expect the ALJ to ask detailed questions about your condition and how it affects your work and relationships with loved ones. If the ALJ does not ask a lot of questions, this may be a good indicator that the ALJ has sufficient medical evidence to make a favorable decision.

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

Wait times coming down One reason it can take so long is that Social Security receives hundreds of thousands of requests for hearings each year, and before cases can be heard, the appeals system's 1,350 judges have to review the increasingly voluminous paperwork in the case files.

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

about 3 to 5 months* How long does it take to make a decision? 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.

What should you not say in a disability interview?

Making Statements That Can Hurt Your Claim – Unless you are specifically asked pertinent questions, do not talk about alcohol or drug use, criminal history, family members getting disability or unemployment, or similar topics. However, if you are asked directly about any of those topics, answer them truthfully.

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

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.

Is disability back pay paid in a lump sum?

Social Security typically pays past-due SSDI in a lump sum within 60 days of the claim being approved. If a lawyer or other professional advocate represented you in your disability case, the SSA will pay their fee out of your back pay.

How do you survive while waiting for disability approval?

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)

How long does it take to get a SSDI award letter?

between 1-3 monthsWhen the Social Security Administration approves your application to receive Social Security Disability Benefit payments, you will receive a Social Security Benefits Award Letter, which usually arrives between 1-3 months after the decision.

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

If your claim is approved 24 months after application, your will be entitled to 12 months of Back Pay (even though a 24 month waiting period less a 5 month waiting period is 19 months, the limit for Back Pay is 12 months).

What are the stages of disability determination?

4 Steps to the Social Security Disability Determination ProcessStep 1: Initial Application. To be awarded disability benefits, you first have to assert your right to them. ... Step 2: Reconsideration. ... Step #3: Hearing. ... Step #4: Appeals Council and Beyond.

Who makes the final decision on Social Security disability?

While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.

What to do if your disability application is denied?

If your initial application got denied, you have the right to request a disability hearing. To skip the wait for the hearing, your lawyer can file for an on-the-record (ORD) decision. To help you get approval at this stage, your lawyer can: help you gather substantial medical evidence proving the extent of your disability.

What factors affect the turnaround time for disability?

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.

How many people get legal assistance without a lawyer?

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.

First-Round Approvals

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.

Reconsideration Approvals

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.

ALJ Hearing Approvals

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.

How long does it take to get a hearing in 2022?

According to the FY 2019 report, the agency’s average hearing wait time was currently around 515 days. The latest SSA chart currently shows 395 days is the average hearing processing time as of August 2020.

How many SSD appeals were transferred in 2008?

In 2008, the SSA transferred just 14% of SSD appeal cases to reduce office workloads. That’s about 100,000 cases in 2008 alone. In 2017, that number grew to 450,000 cases transferred with an average wait time of 605 days. In other words, 43% of SSD appeal cases pending that year got transferred to a different office. And some offices reported wait times of 750 days or more for transferred cases. That’s more than two years!

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.

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 ...

William John Gadd

This happens a lot. I get these calls every month. You need to go to the hearing and ask for time to get an attorney. Also, take a copy of the disk containing your evidence home so an attorney can review it if they meet with you. If the case was neglected it will be obvious to a good attorney. Don't represent yourself.

Samuel K Silverman

If you had an attorney who entered an appearance and that is in the record of your file -- the Administrative Law Judge presiding over your case will be able to see this. If your attorney withdrew from the case, the Judge will also be able to see that.

Alexander O Bentsen

I agree with the previous answers that yes you can represent yourself but it is not generally recommended.

Christine Michelle Franco

I agree. You should appear at the hearing and request a postponement in order to find a new attorney. The judge will likely have you sign a paper that says they will only allow you one postponement. Before then, use the find a lawyer tool to start contacting Tampa attorneys to discuss your case.

Dax Jordan Lonetto

You probably will not be able to find a lawyer to represent you in such a short time. Also, representing yourself is a terrible idea. If you can't get an attorney, go to the hearing and tell the ALJ what happened and ask for a postponement to hire an attorney. They are required to give you the postponement.

Jason Daniel Quick

I would share the concern about representing yourself, particularly if you haven't seen the records that your lawyer has on the case. I would recommend going to the hearing in person and asking for the matter to be continued/postponed so that you will have adequate time to find an experienced local disability attorney for representation.

Vance Tate Davis

Sounds like you may have to represent yourself. While not ideal, you can do it. You know your condition. You are entitled to the records and call lawyers office and demand a copy of the file immediately. With that said you are better off with an advocate. Call other lawyers. Get some...

How long does it take to get a disability hearing?

At some offices around the country, the wait time is less than twelve months. At other disability hearing offices, the wait time exceeds 18 months and may be close to two years.

How long does it take to get a reconsideration hearing?

For this reason, most reconsideration appeals tend to be completed faster than initial claims, usually in under 60 days. The third step of the process is the request for hearing before an administrative law judge. This is the level of the system that comes into play if a person is denied on a reconsideration appeal.

How long does it take for a disability claim to be approved?

Unless you have added additional medical information to your claim, it is unlikely your claim will be approved. The request for reconsideration may take 30 to 90 days to complete. If you are approved for benefits the SSA will send you a letter detailing your payment amount and the estimated date of payment.

How long does a denial of SSDI last?

For instance, SSDI denials can be made if the SSA determines you have not worked long enough to be considered insured, your condition is not expected to last for at least 12 continuous months, you are currently working.

First-Round Approvals

  • 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. If you decide to hire an attorney to assist with the application process, the right lawyer will know what the Social Security Administration (SSA)is looking for and can prevent mistakes that …
See more on socialsecuritylawoc.com

Reconsideration Approvals

  • 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. Currently, only 13.6% of appeals on Reconsideration ar…
See more on socialsecuritylawoc.com

ALJ Hearing Approvals

  • 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. This is by far the most important time for you to have representation for many reasons that are too le...
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