why is my lawyer making me wait 6 months to reapply for my ssdi

Delays in Social Security cases are not the lawyer’s fault and there is little, if anything that the lawyer can do about the delays. The delays in Social Security disability cases are a function of the number of claims filed in your area. Social Security has set up a somewhat convoluted system to evaluate disability.

Full Answer

How long do I have to wait to reapply for disability?

You must wait at least 12 months before you reapply to avoid automatic denial of your next disability claim.

How long does it take to get SSD benefits after appeal?

Currently, the national average wait time is 17.3 months before your case is heard. In other words, you’ll wait at least two years from the date you apply if you win SSD benefits on appeal. Applicants who miss the deadline to appeal must start the SSD application process all over again.

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

Wait times differ across the country, but it is a good bet to expect to wait for at least six months. According to the SSA, the shortest wait times are in Shreveport, LA, with 6 months; Metairie, LA, with 6.5 months; Moreno Valley, CA, at 7 months; and Stockton, CA, with 7 months.

How long does it take to get SSDI after second application?

The SSA’s rules around the SSDI waiting period don’t apply to your second application, since you’re in the five-year timeframe. If the SSA approves your claim this time, you’ll get your first payment in 30 days or less!

How long does it take to get back pay for SSDI?

Anyone approved for SSDI may also qualify for up to 12 months of back pay in a single payment. Those 12 months are as far back as the SSA’s willing to pay you past-due SSDI benefits. The good news is, five months to the day after you apply for disability, your SSDI waiting period ends. Since the SSA takes 3-5 months to review applications, ...

Why is there a 5 month waiting period for SSDI?

Why does the SSA make people suffer through a five-month waiting period before making payments? Believe it or not, until 1973, the SSDI waiting period was actually six months, not five! The SSA mostly enforces this rule to discourage people with short-term disabilities from filing claims. Social Security disability benefits only apply to people who’ve paid into the system through FICA tax withholdings. In addition, your disability must force you to stop working for 12+ months or become fatal. If your doctor says you’ll get better in less than a year, you won’t qualify for SSDI. The lone exception is a terminal illness.

How long does it take to get SSDI if you have a brain tumor?

You have to stop working right away and start medical treatment. So, you apply for SSDI a second time in less than five years. The SSA’s rules around the SSDI waiting period don’t apply to your second application, since you’re in the five-year timeframe. If the SSA approves your claim this time, you’ll get your first payment in 30 days or less!

How long does it take for a disability to be reviewed?

But you may not know there’s a required five-month SSDI waiting period before the SSA makes your first benefit payment. Will this legal rule affect your own application — and are there any exceptions? We’ll explain everything you need to know below.

What happens when you apply for Social Security?

When you apply for benefits, the SSA checks your eligibility for both programs. If your claim’s approved, you’ll either get Supplemental Security Income (SSI), or Social Security Disability Insurance (SSDI) benefits. (Very few people receive both; you usually get benefits from one program or the other each month.)

How long does it take for the SSA to review a claim?

No, because the SSA could take longer than five months to review your claim. Or, you may get denied the first time you apply and need to appeal. Either way, don’t try to hold out an extra five months before filing your claim. There’s no guarantee you’ll get approved right away, or even at all.

How long does it take to get SSI?

Once approved, those people usually get their first SSI payment within 30 days. But if you’re thinking about doing this just to get paid a little faster, stop and read this first: SSI payments are significantly lower than most SSDI benefits, on average. In 2021, the max SSI monthly payment per person is $794.

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

Is there a waiting period for Social Security Disability Insurance (SSDI) benefits? If we find you disabled, there is generally a five-month waiting period before we can begin your benefits. We will pay your first benefit the sixth full month after the date we find your disability began.

When will ALS be approved for disability?

However, there is no waiting period if your disability results from amyotrophic lateral sclerosis (ALS) if you were approved for benefits on or after July 23, 2020. See When Your Benefits Start for more information.

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 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 do SSDI?

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.

Can a disability lawyer expedite your application?

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 ...

What happens if you meet the blue book for disability?

If you meet a disability listing exactly, then you more than likely will qualify for benefits.

How successful are cases with an attorney?

How so? Cases with an attorney have been proven to be 75 percent more successful than without an attorney. Call us today to increase your chances for approval!

What happens if you get denied unemployment?

If your application was denied, you can file an appeal instead of re-applying. In this situation, your case will be reviewed by an administrative law judge. He or she may approve you for benefits, even if you previously applied and were denied more than once.

Can you reapply for disability if it has worsened?

However, if your disability has worsened or if you have significant medical evidence, then re-applying may be the appropriate decision.

How long does it take for SSA to approve a claim?

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.

How long do you have to wait to file a disability claim?

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:

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

How many steps are there to reapply for disability?

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:

How long does it take to get a federal appeals approval?

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.

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).

Why does it take so long to process a disability claim?

In addition, if your case is assigned to a disability examiner who is slower or one who has too many cases to work on, it will take longer to process your disability claim.

Can a disability examiner make a determination until a claimant's records have been received?

Another factor that is typically involved is the wait time for medical records. Disability examiners cannot make disability determinations until a claimant's records have been received. Unfortunately, some medical providers are very slow about responding to medical record requests (for this reason, it's wise to obtain your medical records and submit them when you first apply, if possible).

Can a severely disabled person get disability?

It's true that a severely disabled person with an obvious impairment is likely to get benefits fairly quickly, either because they automatically qualify for disability benefits through an official SSA impairment listing or because they have a condition that qualifies under the Compassionate Allowances, Quick Disability Determination, or Presumptive Disability programs. But some cases are simply more complicated and take more time. For instance, a claimant who has psychological or psychiatric problems in addition to physical impairments may find that their case requires more processing time.

What happens if you wait to hire a disability lawyer?

What if you wait to hire a disability lawyer? It may not matter because unless you are one of the 20% of claimants who are approved at reconsideration, you most likely will have to hire one anyway if you decide to appeal your denial a second time and request a disability hearing.

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.

Do you need a disability lawyer for your hearing?

Unless you understand how to read medical records, the judicial processes, the disability rules and regulations and you know how to argue your case in court in front of an Administrative Law Judge (who you have waited months to see), it is a good idea to hire a disability lawyer.

How to request reconsideration of disability?

A Request for Reconsideration can be completed by you or your disability lawyer by filling out form (SSA-561). You must provide your name, Social Security number, the type of claim that you are appealing (listed on the notice of decision), the claim number (listed on the notice of decision), the reason for the appeal, your address and the contact information for your disability lawyer, if you have one.

How long does it take to appeal a disability denial?

The reconsideration forms must be submitted to the Social Security Administration within 60 days from the date of the denial letter.

Why is my disability denied a second time?

Unfortunately, up to 80% of claimants are denied a second time in the reconsideration phase because the disability application is simply sent to another SSA disability examiner who reviews the claim a second time. Unless you have added additional medical information to your claim, it is unlikely your claim will be approved.

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.

How long does it take to get disability?

It can take a month to more than two years to get approved for disability benefits.

How long does it take to appeal a case?

First, realize from the getgo that you will most likely need to file an appeal before your case can be won, and the appeals process can take up to a year and a half to finish. Second, plan ahead financially at the outset, meaning avoid new debts and obligations and, perhaps, restructure current debts and obligations.

What is the Quick Disability Determination Process?

The Quick Disability Determination Process allows some claimants to get disability benefits much faster than the regular process.

How to check status of Social Security claim?

Call your local DDS agency or hearing office, not the Social Security field office, to check the status of your claim.

What does DDS stand for in Social Security?

When you apply to Social Security for disability benefits, the Disability Determination Services (DDS) agency in your state reviews your application to determine if you are medically disabled.

Do you get temporary disability if you have a private employer?

Only a few states provide temporary disability benefits, though workers' comp and private employer-funded disability insurance do as well.

Can I get financial assistance while waiting for SSI?

Interim Public Assistance While Waiting for SSI. Most states offer loans when you apply for SSI if you promise to pay it back with your SSI benefits. Financial Assistance While Waiting on Disability. There is help available while you're waiting for Social Security or SSI disability payments, but you have to piece it together.

Re-Applying After A Denial

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Filing An Appeal Instead of Re-Applying

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