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HOW LONG TO GET APPROVED FOR SOCIAL SECURITY DISABILITY?

I cringe when someone asks, "How long will it take to get my Social Security disability?"

The real answer is:  it varies but it usually takes a long time.

I posed this question to the internet yesterday.  It said that a decision typically takes 3 to 5 months.  A joke.

Prior to the pandemic in 2020, you might actually get a decision in 3 to 5 months.  But starting in May 2020 when COVID became widespread, Social Security took actions that virtually blocked disability applications.  The wait time for a decision steadily rose--to 6 months, to 8 months, to 10 months, and up to 12 months or longer.

Unfortunately we are still seeing a wait time of 8 to 12 months in Alabama, even longer in Tennessee.  In rare cases, we have seen it take 18 months or longer.

A lucky 20 to 25 percent of claimants will get a favorable decision in the first stage of decision making.  However, there is about a 75 percent denial rate.  It's not that 75 percent of claimants are not disabled; it's that a lot of claimants get a flawed or incorrect decision in the first go-round.

An unfavorable decision will delay your benefits even longer, of course.  The second stage is to file for "reconsideration," where your denied claim goes back to the state Disability Determination Service (DDS) for another lengthy "review."  Typically, this "reconsideration" process will delay the claim by an additional 8 to 16 months. Lawyers call the DDS "the Disability Denial Service," because it only approves about 13 percent of claims in "reconsideration."  In reality, it's more or less a rubber stamp of the original denial decision.  But it delays the claim by up to a year or more.

If the claim is denied by the "reconsideration" process, s/he may then ask for a hearing with an Administrative Law Judge (ALJ) where s/he may get a more thorough and fair review.  As you would expect, it will take several months to get before the judge.

While this process is daunting an traumatizing, the more important emphasis is this:  Be sure your appeal is well prepared and legally coherent--so that when you get before the judge there's a good chance of finally getting approved and paid.

Nothing happens by accident or chance at Social Security.  Claims that win are well prepared and legally air tight (to the extent possible) and provide the judge with all s/he needs to award the benefits.  Claimants who just "wonder in" to a hearing unprepared will be disappointed for the third and final time.  If the judge denies a claim there are no further good appeal options.  (Options, yes, but not good ones).

For the past two decades, I have devoted my time to helping disabled individuals appeal their denied claims and win the benefits to which they are entitled.  My approach is to find appropriate medical evidence to try to prove disability under the specific rules and regulations of the Social Security Administration.  

Often I can work with the claimant's doctor(s) to get special opinion evidence that can help win the case.  I will sit down with the claimant and obtain the information I need to develop the case or appeal.  Then, my assistants and I shepherd the case to appropriate authorities to get a fair decision.  We always seek to recover lost past due benefits as a lump sum payment--in addition to the continuing monthly payments. In some cases, I have recovered more than $100,000 in disability back pay for the claimant.  I will never ask for a fee unless past due benefits (back pay) are recovered.  If we are successful, Social Security will deduct a small percentage of back pay to cover our fee.  (You and I agree on this amount before going to court, so there are no suprises).

How to Get Started?

It's as simple as a phone call.  The consultation is absolutely free and with no obligation on your part.  A call to our Huntsville office will start the ball rolling.  We will talk to you and get some basic information.  Together, we'll decide the best and quickest action to take.  That phone number:  (256) 799-0927

 



 

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