how long does it take to get approved for ssi with attorney

by Marjolaine Turcotte 10 min read

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?

Full Answer

How long does it take to get approved for SSI?

How long does it take to file for SSD or SSI? 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.

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

The DDS examiner will review your application to determine whether you meet the SSA’s definition of disability. Depending on the completeness of your application, this review may include obtaining medical records directly from your doctor, which can increase wait times. This initial review can take anywhere from three to five months.

How long does it take to get a social security hearing date?

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. In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge. What do you do if if your Social Security claim has been denied?

How long does a Social Security disability appeal take?

And some offices reported wait times of 750 days or more for transferred cases. That’s more than two years! Luckily, the SSA has another directive in place to bring average SSD appeal wait times down. The agency hopes that by the end of fiscal year 2022, the average appeal processing time will be no more than 270 days.

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How long does it take for DDS to make a decision?

about three to four monthsIt takes Disability Determination Services (DDS), the state agency that makes the initial disability determination, about three to four months to decide an initial application, from the application date.

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 is the most approved disability?

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.

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 fast can SSI be approved?

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 long does it take to get disability with a lawyer?

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.

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.

What conditions automatically qualify you for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

Will Social Security get a $200 raise?

0:0011:57$200 Raise for Social Security, SSDI, SSI, VA - Now is the Time! - YouTubeYouTubeStart of suggested clipEnd of suggested clip200 per month raise for social. Security including retirement disability ssdi survivors ssi and vaMore200 per month raise for social. Security including retirement disability ssdi survivors ssi and va beneficiaries.

What are 4 hidden disabilities?

The four most common types of hidden disabilities are:Autoimmune Diseases. In most people, the body's immune system protects them from invaders like bacteria and viruses. ... Mental Health Conditions. ... Neurological Disorders. ... Chronic Pain and Fatigue Disorders.

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)

What happens at a SSI phone interview?

A major topic during your SSI interview will be work. You'll have to present information about all of the jobs you've held in the last 15 years as well as the skills that they each involved. The examiners will think about your employability before arriving at a decision.

How long does it take to get a disability hearing?

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.

How much do Social Security attorneys get paid?

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.

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

In the DC, Maryland, and Virginia areas, it takes roughly one to two years to get a hearing date with the Judge.

Why do people need legal representation for disability?

Many disabled people hope that if they retain an attorney, they will get Social Security Disability more quickly.

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.

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.

How long do you have to wait to receive your first SSDI payment?

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.

When will I get my first SSDI?

Your first benefit would be paid for the month of December 2020, the sixth full month of disability. However, there is no waiting period if your disability results from amyotrophic lateral sclerosis (ALS) and you are approved for SSDI benefits on or after July 23, 2020.

When will SSDI pay in 2020?

We would pay your first benefit for the month of December 2020, the first full month of disability. We pay SSDI benefits in the month following the month for which they are due. This means that the benefit due for December 2020 would be paid to you in January 2021, and so on.

How long does Medicare cover ALS?

Medicare Coverage If You're Disabled. We automatically enroll you in Original Medicare (Parts A and B) after you get disability benefits for two years. However, if your disability results from ALS, Medicare coverage begins sooner, generally the first month you are eligible for disability benefits.

How Do SSI Lawyers Help?

Working with a lawyer might not necessarily make the approval or claims process go quicker, but attorneys can help ensure you don’t make mistakes during the process that will result in delays. Delays are most often caused by procedural mistakes when it comes to filing or obtaining the necessary paperwork for your claim.

How Long Will it Take To Receive My Benefits?

There are many different factors that could affect the length of time it takes for your claim to be approved or to receive your benefits.

How Long Does it Take to File for My Benefits?

Filing for your SSI or SSDI benefits can take anywhere from a month to years, depending on your location and how complicated your case is. When initially applying, it is not uncommon that it takes at least six months to receive a decision. For those whose claims are denied it is important to request reconsideration through appeal.

What Should I Do If My Claim Has Been Denied?

If your SSI or SSDI claim has been denied, hiring an attorney to work with you during the appeals process is always recommended. This is because navigating the legal system can be particularly complicated. Obtaining and filing the proper paperwork is essential for your case. When working with an SSI lawyer, they should work on a contingency basis.

How Long Does it Take to Get a Decision After My Hearing?

After you have your SSI or SSDI hearing in front of a judge, it can still take a few months to receive a written decision. The decision will come in the mail from the judge and is often anywhere from 10-15 pages. It will explain the outcome of your case, and outline why it was judged favorably or not.

How Much Does SSDI Pay?

For those wondering how much they’ll be granted should their claim be approved, the amount will be a calculation of the size of your past monthly paychecks. It is based on the amount of money you made while working, as well as the amount you paid into Social Security during that time. This means that every situation is different.

Will My SSI or SSDI Cover All My Health Costs?

If you qualify for SSI benefits, you will automatically receive Medicaid benefits. If you qualify for SSDI benefits, you will be eligible for Medicare. Those who are receiving SSDI benefits become eligible for Medicare on the 30th month after the official date their disability benefits began.

How long does it take to get an administrative hearing in Illinois?

The administrative hearing process will add a considerable amount of time to the waiting period. Depending on where you live, it can take anywhere from10 months to two years to get an administrative hearing scheduled; in Illinois, the current average wait time is 14.7 months.

How much do you have to earn to qualify for SSD 2021?

In 2021, an applicant must earn less than $1,310 ($2,190 if they are blind) to be eligible for SSD benefits.

How much money do you need to get SSD in 2021?

In 2021, an applicant must earn less than $1,310 ( $2,190 if they are blind) to be eligible for SSD benefits. Failure to meet these non-medical eligibility criteria will result in a technical denial, meaning the SSA won’t even consider whether your disability prevents you from working. If you meet the non-medical criteria, ...

Is there a set answer to the Social Security Administration?

Unfortunately, there is no set answer. Although the Social Security Administration (SSA), the federal agency that manages the SSD and SSI benefits program, has goals for how long each stage of the application process should take, they are just that – goals. In reality, the SSD benefits approval process varies based on numerous factors, ...

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!

How do I apply for SSDI?

First, some background on the procedure of applying for SSI or SSDI: After you submit an application, the Social Security Administration (SSA) will start out by deciding whether you meet the financial and/or work-history requirements. If you don't, you'll receive a nonmedical, or "technical," denial. If you advance to the next stage, a disability examiner will then put your application through a five-step medical evaluation. (For more details, see our articles on technical disability denials and the SSDI/SSI determination process .)

Can you prove you are disabled if you work?

Even if you're earning under the allowed amount, it can be much harder to prove that you're disabled if you're doing any work . But Social Security's claims examiners and judges also appreciate a long employment history, so being out of work for a long time might be a problem as well.

Do you need to see a doctor before applying for disability?

Clearly, you should see a doctor or other medical professional in order to create that evidence. One-third of our readers said they had not seen a doctor or other medical professional in the year before they applied for disability.

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