Skip to main content

HOW LONG TO GET MY DECISION AFTER A DISABILITY HEARING?

After your Social Security disability hearing, the administrative law judge will make a decision within about 60 days.   However, you won't get the decision at that time.

After a decision has been made, it goes to a process called decision writing.  Here, an attorney or assistant will write the judge's decision into the proper format and give the legal reasoning behind the decision.  This decision writing  process usually takes another 30 to 60 days. Neither you or your attorney can see the decision while it's in the writing process, so you can't know if you are approved or not.

When the decision writing process is complete and the judge signs the decision, a letter will be sent to you and your attorney/representative in the mail. 

So, from the time of your hearing, you could wait another 90 days or more to receive the decision.  

We assume here that there are no outstanding or post-hearing requirements that will delay your case.  Sometimes, there may outstanding evidence that's not available at the hearing.  When this occurs the judge will hold the record "open" to wait for the additional evidence.  This can add even more time to the delay in getting your decision.

Your attorney-representative will try to obtain all the evidence prior to your hearing.  You can help by giving your representative all your recent medical appointments 60 days before the hearing, giving your representative time to order, receive and submit evidence before the hearing date.  This can shorten the time you wait to get a decision.

Final question:  After the decision arrives in the mail, how long must you wait for your pay from Social Security?  There is no set or predictable time for this.  Payment centers (the places which write the checks) are terribly backlogged.  It can take them 30 to 90 days to write you a check or make a deposit into your bank account (after you reach the decision).  Some claimants may get paid sooner but it's unpredictable.  

Important:  After you receive the judge's decision in the mail, the Social Security office will mail you followup letters letting you know when to expect your payments and how much the payments will be.  This doesn't happen immediately after the decision arrives, however.  Social Security has up to 90 days to send you the followup letters.

Patience is the name of the game when waiting on Social Security.  It is the S-L-O-W-E-S-T agency in the US Government and you just can't speed up the process.  Neither can your attorney in most cases.

Comments

Popular posts from this blog

CAN YOU WIN YOUR DISABILITY APPEAL WITHOUT A LAWYER?

The Social Security Administration does not require you to have a lawyer to file an appeal or to appear at a hearing.  However, most people heading for a disability hearing will hire a lawyer or advocate to help them.   Studies have shown that you are about twice as likely to win with a lawyer.  A recent study found that claimants with no lawyer win about 30 percent of the time while claimants with a lawyer or advocate win 60 percent of the time.   " He just cooked his own goose." These statistics cover only one aspect of a disability appear--your odds of winning. The other important aspects are time and convenience. If you prepare and adjudicate your own disability appeal, expect to spend 12 to 24 months working on the case.  You will be collecting, reading and submitting hundreds or thousands of pages of medical records.  These records are complex and often difficult to understand.  And you must know how each medical record helps (or hurts) your dis...

GET YOUR APPLICATION RIGHT - GET PAID SSDI B ENEFITS

  Get your Social Security application right - get paid.   There are hundreds of ways to mess up a Social Security disability application.  One of the most common ways that I see?  Blank lines.  Questions left blank.  One way or another, these questions will get answered before a decision is made on your claim.  They may get answered 6 months later when the Social Security office calls you--but you have just wasted 6 months.   Worse yet, Social Security may assume that since you didn't answer the questions, all the answers are "no," so nobody bothers to call you. This will lead to a negative action on your claim.   The complete disability application will consist, not just of the basic application, but several forms.  Many of those forms will be mailed to you AFTER you file the claim.  The following is always required for a complete application: The basic disability application (5 pages)  Disability Report (14 p...

HOW TO PASS A SOCIAL SECURITY DISABILITY EXAM

  So, Social Security is sending you to one of their doctors for an exam.  The first thing you may ask is, How do I pass this exam?   First, I should say that Social Security exams are not "pass or fail."  The doctor or examiner cannot tell Social Security whether or not you are disabled or whether you should get a benefit.  The doctor is going to check certain facts. For example, the doctor may check the range of motion in your joints and list the measurements. They may check your grip strength. (S)he may determine if you have difficulty walking, squatting, kneeling standing from a seated position.  The examiner may answer specific questions asked by Social Security: Is the use of a cane or assistive device medically necessary? Why is it necessary? Can the claimant use his/her hands to grasp and hold objects? Is the claimant able to understand and follow simple directions?  Here is advice I give my clients for a Social Security examination:  ...