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

RED FLAGS IN SOCIAL SECURITY DISABILITY CASES

  RED FLAGS IN A SOCIAL SECURITY DISABILITY CASE A red flag is something that causes concern or raises a problem in a Social Security disability case.   In short, it’s something that may get the claim denied or cause a big problem. Here are some of the red flags that we see crop up: ·          Work after the alleged onset date (AOD).   Since the process takes so long, many claimants feel that they are forced to return to work for income.   Social Security often sees this as a sign that the claimant is not disabled. ·          Severe substance abuse.   Chronic and frequent abuse of drugs or alcohol can pose problems. ·           A skimpy work record.   A claimant who has worked very little or has jumped from job to job frequently may not have good credibility. ·          Quitting wo...

WHAT YOU WILL BE ASKED AT A DISABILITY HEARING

Most Social Security disability claims will be denied twice:  First at the end of the Application process, and again after the "Reconsideration" process.  The third stop will be a hearing before a federal Administrative Law Judge (ALJ). It is here at the hearing level that most SSDI claims are paid.  So, what do you need to know about your Social Security disability hearing?     First, the judge will follow the rules established by the Social Security Administration.  His or her job is to determine whether you meet the particular laws and rules to receive disability payments.  So, it is a legal proceeding where you must prove certain things in order to get paid. Among the things you must prove:  Your insured status with Social Security:  You have worked recently enough and paid into the Social Security trust fund to gain the required "work credits" to support your claim.  You have a severe medical or mental impairment supported by adequa...

HOW TO COMPLETE A FUNCTION REPORT OR ACTIVITIES OF DAILY LIVING FORM

After you apply for Social Security Disability (SSDI), you will be sent a FUNCTION REPORT to fill out and return.  This form asks a lot of very detailed questions about your daily activities:  driving, cooking, cleaning, dressing, visiting others, hobbies, etc. The Social Security Administration will use your answers to determine whether you can work or not.  You must show on this Function Report that you have limitations that do not permit you to work a full-time job.  You do this by showing your limitations in activities of daily living. Your goal in the Function Report is to show the struggles and challenges you have with everyday life.  It may not be sufficient to answer a question with "Yes" and fail to explain. For example:  "Can you drive?"  If you answer "Yes," Social Security will assume that your ability to drive is unlimited:  you can drive anytime, anywhere and as often or as far as you want.  That may not be true and would need t...