Skip to main content

HOW LONG DOES IT TAKE TO GET SOCIAL SECURITY DISABILITY?

I read many blogs on the internet which say: "it takes 3 to 5 months" to get a Social Security disability decision."

If you check the dates when those blogs were written, you will find that they are very old.  In fact, they were written before the COVID pandemic began in March 2020. The 3 to 5 month estimate does not reflect 2023 processing time.  Not at all!

The Pandemic changed everything in terms of Social Security timelines.  Applications that once took 3 to 5 months began taking 10 to 12 months--or longer. The Social Security Administration went into chaos and dysfunction when COVID hit in 2020.  It has not recovered. In nearly every area there are severe staff shortages; not enough staff to do the job in a reasonable time.

I have individuals call me almost everyday and say, "But the internet says I should get a decision in 3 to 5 months...."  That once was true, but it is no longer true.  That is pre-pandemic thinking, not reality.

The Social Security Administration over reacted to COVID.  And their reaction hasn't ended.  Beginning in the spring of 2020, the administration closed every Social Security office in the United States.  Offices remained closed for 20 months!  Then, offices gradually began to reopen--but often with hybrid staffs where one-half of employees "worked from home" and one-half actually came into the office.  Those "working from home" found that they had no access to the Social Security computer system or the Social Security telephone system.  They could not take phone calls from home and could not work on case files from home because their home computers were not secure, nor were they connected to the system.

Even before COVID, Social Security was under-staffed and under-funded.  Now, it's much worse.  A lot of the actions taken by Social Security to respond has made matters even worse.

Social Security opened "Work Support Units" (WSUs) to help with overflow in the local field offices.  The idea was that WSUs would facilitate paperwork and essential functions that would get claims to decision makers faster.  Instead the WSUs further delayed the disability application process and made claims much slower.

We have cases that go to a Work Support Unit in Birmingham, Alabama where they sometimes languish for 12 months or more, untouched. No decisions are made at WSU. 

So, don't expect a decision on your disability application in 3 to 5 months.  It just doesn't happen.  Expect a minimum of about 12 months to get your initial decision.  That's if your application isn't held in limbo for a year or more at the Work Support Unit (WSU).  In that case, it may take 18 to 24 months.

And it isn't your attorney's fault.  Attorneys don't get paid until your application is approved and you receive back pay on your claim.  If a decision takes 12 months or longer, the attorney's office expenses continue but there is no income from claims being delayed at WSU or the Disability Determination Service (DDS).  We want your claim settled as much as you do.  And we do everything possible to make it happen.

 


 

 

 

Comments

Popular posts from this blog

MEETING SOCIAL SECURITY'S DURATION REQUIREMENT FOR DISABILITY

SSDI, or Social Security Disability Insurance, requires a severe impairment which has lasted for at least 12 straight months, is expected to last at least 12 straight months OR is expected to end in death. This 12 consecutive months requirement is called the "Duration Requirement."  Disabilities with a duration of less than 1 year are not covered under the Social Security Act. You do not have to wait 12 months to file a claim. There is no requirement to wait 12 months to file.  But if your disability has not already last for at least 12 months, the nature of the impairment must be such that is can reasonably be expected to last 12 months or longer OR to end in death.  Short term impairments are not covered. What you will need to document for your medical and/or mental impairment(s):   A claimant will require objective medical proof.  This comes in the form of official medical records from doctors, clinics, hospitals, counselors, therapists and other professiona...

SOCIAL SECURITY BENEFITS FOR DOWNS SYNDROME

Downs Syndrome may qualify for automatic SSI disability in children. A child with Translocation Syndrome or Trisomy 21 will usually be classified as disabled from birth. This type of syndrome affects about 98 percent of the Downs Syndrome population. Social Security will want a diagnosis from a medically acceptable source and they will want certain tests.Once the documentation is presented, an SSI award may be automatic.  Those with Mosaic Down syndrome may qualify, but your child would need more than a diagnosis to be approved. Because [according to SSA] people with Mosaic Down syndrome may not have as many intellectual or physical disabilities as those with other forms of Down syndrome, you’ll need to meet another listing in the Blue Book to qualify. Social Security will consider the complications or manifestations of Downs Syndrome in making a decision. If the claimant is a child (under 18), k eep in mind that SSI is a needs-based program for families with limited resources...

MUST YOU MEET A LISTING FOR SOCIAL SECURITY DISABILITY?

You hear talk of getting SSDI benefits by "meeting a Listing."  What are the Listings? The Blue Book listings are found in the regulations at 20 CFR 404, Subpart P, Appendix I. The Listings are divided into 12 body systems.  Each severe impairment is listed under its respective body system.  For example, Congestive Heart Failure is listed under Section 4.00 - Cardiovascular System. When you go there, there is a list of severe symptoms, and they are severe.   If you exactly meet or equal the list of very extreme symptoms you will be automatically approved for disability. Here's the problem:  Meeting one of the listings is about as likely as winning the Super Lotto.  It is very, very unlikely that you will do so. Thus, 99 percent of claimants do not and cannot get approved by meeting a listing.  The listings are only for catastrophic, extreme impairments that most claimants simply do not have--or do not have at the severity level demanded by the listings...