disability how long does it take with a attorney

Full Answer

How long does disability take to make a 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. * How does Social Security make the decision?

Can you speed up disability process?

At first glance, there is no way to speed up your Social Security disability benefits claim. There is a backlog of cases, and you have to wait in line for your case to be heard.

Why does it take so long to be approved for disability?

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.

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

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.

What's the quickest you can get disability?

five monthsThe earliest payments can start is five months from the date that Social Security determines your disability began, based on the medical evidence you provide. This is the case even if your application is fast-tracked and approved during those months. There is no such waiting period for SSI payments.

How do you know if your disability is going well?

Top Signs Your Disability Application Will Be ApprovedSubstantial Evidence of a Medical Condition. ... Proof of a Physical or Mental Impairment. ... Substantial Work History. ... Maintaining Employment Is Not Possible. ... You Hired a Lawyer. ... Contact Us.

What is the hardest state to get disability?

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.

Does everyone get back pay for disability?

Answer. Almost everyone who is approved for disability gets backpay, whether the claim is for SSDI or SSI, or both. Backpay (past due benefits) are paid out in just about every single disability case.

How do you survive while waiting for disability approval?

There are some government-sponsored programs to help with disability income as you await a decision on your application or once you have been approved. These include Unemployment, Supplemental Nutrition Assistance Program (SNAP), and state-mandated short-term disability insurance (available only in five states).

What is the average disability check 2022?

In 2022, the average SSDI payment for an individual is $1,358, but almost two-thirds of SSDI recipients receive less than that. And only 10% of SSDI recipients receive $2,000 per month or more. The 2022 average monthly benefit for an SSDI recipient who has a spouse and children is $2,383.

What is the maximum back pay for SSDI?

12 monthsSSD benefits can potentially be received back to the year prior to the application date. This means you will receive a maximum of 12 months of back pay benefits.

What happens after you get a fully favorable disability decision?

If you receive a fully favorable decision, the SSA approved your application with the onset date of disability that you originally noted. You will then start receiving disability benefits as soon as your elimination period or waiting period has ended.

How do you survive while waiting for disability approval?

Fortunately, some options do exist to help you survive.What To Do For Income While Waiting for Disability. TANF. Short-Term Disability. Workers' Compensation. ... Financial Assistance While Waiting for Disability. Free Money. Energy Assistance. Housing Assistance. ... Loans While Waiting for Disability. Student Loans. Mortgage Loans.

Do SSDI denials come faster than approvals?

To recap, there is no difference between the time frame for approvals and denials, and you have very little control over how long it takes, because it takes time for the Social Security analysts and representatives to collect evidence, obtain doctors' reports and evaluate the case.

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.

Should I work while waiting for disability?

Can you work while applying for disability? Social Security Disability benefits can be very helpful to those who live with a disability. While waiting to hear if you qualify for disability benefits, it is still possible to continue working. However, any income from employment may put your eligibility at risk.

In how long can you get disability benefits with an attorney?

There are many disabled individuals hoping that by retaining the services of a disability lawyer, they can quickly get Social Security Disability benefits.

Disability benefits application process

A Supplemental Security Income ( SSI) or Social Security Disability Insurance ( SSDI) process can take a long time.

Factors affecting the disability benefits process

Many variables potentially affect your disability benefits process and how long it will take for you to get your benefits or approval.

What can a disability lawyer do for you

Here is what a disability attorney may do to help you speed up (to a certain extent) your disability claim:

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 to appeal a disability claim?

Hiring a disability lawyer to file a reconsideration appeal following receipt of a first-time denial will shorten the time it takes to get approved. Disability attorneys like Joel Thrift specialize in: 1 Completing disability claims that concisely prove you have met SSA criteria for being disabled and unable to perform work 2 Gathering medical documents to clearly demonstrate all your impairments 3 Communicating expeditiously with your physicians in ways that will bolster your claim

How long does it take to get a reply from Social Security?

Depending on how understaffed or busy your local Social Security Administration office is, you could wait up to six to nine months to receive a reply regarding a reconsideration appeal. Since the majority of reconsideration appeals are denied, you can expect to wait a full year to receive a reply from the SSA after sending your denied claim to an administrative law judge.

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:

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.

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).

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 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.

First-Round Approvals

Reconsideration Approvals

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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