How Long Does It Take To Get A Decision After The Alj Hearing
Unfortunately, there is no set time. Sometimes an ALJ will announce a favorable decision at the hearing. Usually, however, it takes 2-3 months to get a decision. Sometimes it can take six months or longer. ALJs decide hundreds of cases each year and are very busy. The backlog of cases to be decided is substantial.
Sometimes, even after conducting an ALJ hearing, instead of issuing a decision, the ALJ will decide he needs more evidence and will conduct a supplemental hearing. This of course will delay the case several more months.
Even though waiting for a decision is extremely frustrating, claimants should be patient. After all, there is nothing they can do to make the Notice of Decision come any faster. It WILL come eventually.
Submitting A New Disability Application
Timing is everything when it comes to reapplying after a denial. This is because the SSA disability examiners that review applications for benefits must follow strict guidelines as laid out in the SSA Blue book. If nothing has changed regarding the medical evidence that you provide or the severity of your condition, it is likely that that outcome will remain the same.
If your disability has worsened, or if you have new, significant medical evidence, then reapplying may be the right decision. Likewise, if your application was denied the last time because key pieces of medical evidence werent available, then you may decide to reapply now and submit the necessary medical records along with your application or soon after.
Again, the SSAs guidelines for what constitutes disability are strict, which means you must have the right medical evidence to prove youre disabled and therefore eligible for benefits. Your doctor can help you decide when may be the right time to reapply by reviewing the SSAs disability listing details in the Blue Book. He or she can then advise you on whether you meet or match a listed condition and would therefore have a better chance of approval with a new application. Be sure to keep a detailed record of all of the diagnosis that you have received from your doctor as well as any medical testing that you have undergone. This can all be used as evidence for your case.
About Cox Disability Law
We represent people throughout north central and northern Alabama, traveling regularly to Office of Disability Adjudication and Review main offices and satellite hearing locations in Birmingham, Montgomery, Florence, Tuscaloosa, Selma, Gadsden, Anniston and Jasper to help claimants present the story of their disability to the administrative law judges who hold their fate.
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The Cover Sheet Of The Favorable Decision Says That The Appeals Council May Review The Decision On Its Own Motion What Does This Mean
In a very small number of cases the Appeals Council in Falls Church, Virginia, will decide on its own to take away benefits awarded by the decision of the administrative law judge. If it is going to do this, the Appeals Council will almost always send you a notice within 60 days of the date of the judges decision. This is rare, so it is unlikely that the Appeals Council will do this in your case but if it happens you will have to work out with your attorney how to deal with it.
What To Expect At A Social Security Disability Hearing
If you make it to the disability hearing stage, your hearing may take as little as 15 minutes or may go as long as one hour. This will depend on the number of questions the judge asks you, and how many expert witnesses have been called to testify. An attorney can prepare you for the hearing so you know what types of questions to expect, and understand how to answer them.
All judges are different, so its impossible to know exactly what to expect, but they will all focus on your medical records and work history. The judge will ask about the type of pain you are experiencing, how your condition restricts your ability to function, and what your limitations are when performing certain tasks.
No matter what the judge asks you, its important that you are always honest. Do not lie or exaggerate, as that will harm your chances of winning your case. Judges know when someone is being dishonest with them based on their years of experience. Also, do not be embarrassed about your condition, no matter what it is. Judges have heard hundreds of testimonies over the years and are only looking for the facts of the case.
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How Long Does It Take To Get Disability Benefits
Applying and qualifying for Social Security disability benefits is often a long and frustrating process. It generally takes four to six months to receive benefits. However, if your initial claims are denied, it takes an extra 6 to 8 months on average to get a hearing as part of the appeals process. Even if you win your appeal, two years may have passed since you first submitted your application.
What Is The Social Security Disability Reconsideration
When applying for Social Security disability benefits, do not be surprised if your initial application is denied. According to data from the Social Security Administration , close to 70 percent of initial disability applications are denied. As you can see, if your disability benefits application is denied, you are not alone. The key is to not give up hope and press forward by filing an appeal of the denial. The first step of the appeal process is to request reconsideration.
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Disability Appeals Process How Long Does A Social Security Appeal Take
If your initial claim results in a denial, you are not alone. In fact, the SSA denies nearly two-thirds of initial applications. You have 60 days from the date on your Notice of Denial letter to file a written request for reconsideration. You should continue to appeal a denial of your claim through four more stages:
Reconsideration Your file is re-reviewed and any additional medical evidence is submitted.
Hearing The hearing would be held at Office of Disability Adjudication and Review office for your area. North Carolina offices are located in Charlotte, Fayetteville, Greensboro and Raleigh. The most recent statistics indicate that 48% of North Carolina cases are approved at the hearing stage. The average wait time for a hearing is 22.1 months in North Carolina. An administrative law judge will decide your case.
Appeals Council Your case may be reviewed by the Appeals Council in Falls Church, Virginia. The average processing time is 386 days.
U.S. District Court You can file a lawsuit in your nearest U.S. District Court.
Appealing Social Security Disability Decisions
If your application for benefits is still denied after youve submitted it for reconsideration, your next step is a formal hearing before an Administrative Law Judge. Youll need to gather additional evidence to support your claim, and it can take more than a year before youll get a chance to present your evidence before a judge. Again, having an attorney during this phase can be incredibly valuable and improve your chances at a favorable outcome.
While its frustrating that the process can take so long, its important to use the time you have productively to give yourself the best chance at having your claim approved. Every denial and additional appeal will add more time before you can start receiving your benefits.
If your appeal before the Administrative Law Judge is denied, you can make another appeal to the Social Security Administrations Appeals Council. This process can take another year or so, depending on factors like the complexity of your case and how many cases are pending before the Appeals Council. Its important to note that the Appeals Council has the right to refuse your application for an appeal, and in most cases, they end up affirming the decision of the Administrative Law Judge.
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Need Help Applying For Disability Benefits Take Action
If you are contemplating filing an application for Social Security Disability benefits, the process may seem intimidating, especially if your first attempt to apply is denied. This is why you should take action by filling out the free evaluation form on this site. When you fill out the form, you could be matched with a respected and experienced lawyer who understands the inner-workings of the SSAs Blue Book and what criteria is needed for your claim to be approved.
Question: How Long Does It Take To Get A Decision After A Hearing
Do you think that you could provide me with an estimated waiting period for a decision from an ALJ, after a Social Security Disability hearing? I live in the state of Illinois, and my hearing was held about two weeks prior. The hearing was held in Evanston, Illinois. I am a 58 year old man and I also have a service-connected disability from the United States Marine Corps. I was represented by an attorney. The judge found me to be credible and Social Security’s vocational work expert at the hearing said that I was unable to work in any capacity. Thank you for your consideration regarding this matter.
You Could Be Approved For Disability Benefits At Any Point
There is no way to know exactly how long it will take for the SSA to approve your application. You could be approved at any point in the appeals process. It could take 3 months, or 3 years. It just depends on where in the process you are approved for disability benefits.
Lets walk through the different steps of the Social Security Disability appeals process so you can better understand what each part of the process means.
You Undergo Continuing Disability Review
The frequency of your CDRs depends on the severity of your disability.
- If medical improvement is expected CDR 6-18 months from the start of your benefits
- If improvement is possible CDR every 3 years
- If no improvement is expected CDR every 5 to 7 years.Your benefits will continue unless you are determined to be no longer disabled.
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How Long Does A Disability Appeal Take
When you want to apply for a Social Security disability benefits appeal, you must apply for Request for Reconsideration, the first stage of the appeals process. This request allows applicants to potentially have a hearing before an administrative law judge and have the initial denial decision overturned. Once you receive your initial determination , you will be granted 60 days to file a request for Reconsideration with Social Security.
Once your Social Security appeal form is completed and submitted, the next step in the process is the hearing stage where most applicants receive benefits. However, remember that it will take time. In Florida, you will have to wait an estimated 376 to 682 days for your disability hearing. After your hearing, youll receive the administrative judges decision regarding your claim between another 45 to 90 days as well.
However, you also dont want to rush the appeals process. You have already been denied once. Before submitting an appeal for disability, consider contacting a disability consultant who is trained in Florida disability benefits applications and appeals. Hiring a disability expert to oversee your appeal can strengthen your claim, improve your evidence submission and possibly expedite your case with online filing of your appeal.
What If Your Appeal Is Denied
If you are still denied Social Security disability benefits after your hearing before the administrative law judge, you can submit a request for the Appeals Council to assess your case.
The Appeals Council has discretion over which cases they hear, so they may grant, deny, or dismiss your request for a review. The only times the Appeals Council cannot deny your case for review is when one of the following is true about your case:
- There was a legal mistake in your hearing, such as the hearing was incomplete.
- There is not enough evidence as to why the judge made a particular decision.
- Another error was made, such as the judge did not inform you that an expert witness would be present at your case.
Like all levels of the appeal process, you have a limited amount of time to request a review from the Appeals Council. If you do not make your request within this time limit, the Appeals Council can dismiss your request for a review. The chances of winning your case at the Appeals Council level is very small, as only 2 to 3 percent of decisions are overturned at this level.
If the Appeals Council denies your request for review or your case is dismissed, you can take your claim to federal court by filing a lawsuit. A federal judge will review the case looking for legal mistakes, although they will take factual evidence into consideration in many cases, such as the extent of your disability.
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Can Having A Lawyer Speed Up The Claims Process
The short answer is no, having a lawyer will neither speed up nor slow down the process. Claims and appeals are handled in order of receipt, whether the veteran has legal representation or not.
That being said, however, having an experienced lawyer provide assistance in preparing a more detailed appeal can craft an appeal in a manner more likely to avoid unwarranted denials. Law firms, of course, cannot guarantee outcomes of VA disability appeals, but they do have a wealth of knowledge from thousands of cases to help veterans make their best case on appeal. In fairness, a well-documented and properly constructed appeal may take a bit longer to get to a successful result, whereas a poorly presented claim may take less time to get to an unsuccessful outcome.
Veterans Law Group has been handling veterans disability claims for the past 20 years, and our job is to acquire and assemble the information the VA needs to easily grant your appeal. We collect reports, develop strategies, and make your best arguments to the VA on appeal. Contact us today for a free evaluation of your case.
How Long Could It Take To Get A Decision On Your Ssdi Application
Understanding how long it will take to get through the different stages of a SSDI claim can relieve your stress and help you know what to expect. Here is how long it could take:
- Initial application. The average response time for the SSA to reach a decision after you apply for SSDI benefits is three to four months, but this time period could be extended to up to eight months.
- Reconsideration. If the SSA denies your request for benefits, you will need to file a request for reconsideration of their decision. It could take them three to four months to send you a decision on your initial appeal.
- Appeal. You will need to file an appeal and have your case decided by an administrative law judge if your request for reconsideration is denied. It could take six months to two years before your hearing is scheduled and the ALJ makes a decision on your claim.
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If You Disagree With The Decision
If you disagree with the decision, you may ask to have the decision reviewed. You must request this review in writing within 90 days of receiving your decision letter.
Your application will be reviewed by Service Canada staff who were not involved in making the original decision on your application.
Board Hearing: Decision Timeframes And Delays
In general, requesting a Board hearing of any type will add significant delays to a veteran receiving a decision. In the Board Chairmans 2017 Annual Report to Congress, the Board was said to have held 16,626 hearings during Fiscal Year 2017, and states, for those appeals that were resolved by the Board, veterans waited, on average, seven years from the date they initiated their appeal until resolution.
Appeals at the Board can take a long time to be resolved even without a hearing. Therefore, requesting a hearing does significantly increase the amount of time a veteran will wait for a decision. The timeframe listed above existed in the Legacy Appeals system however, wait times for decisions following Board hearings have not improved much under AMA.
As of 2019, there were over 100,000 appeals pending at the Board, between 60 and 70,000 of which include cases of veterans that are waiting for Board hearings in the Legacy system alone. VA has plans to prioritize the Legacy appeals cases and has proposed a timeline for meeting their goal.
Initially, VA estimated veterans could wait from 3-5 years for a hearing under AMA. However, the number of hearings VA held in 2019 is up 38 percent from the previous year, which is a good sign for veterans. Moreover, the Board has already sent out over 100,000 decisions in Fiscal Year 2020, which indicates that appeals are being worked through at steadier rates than in the past.
Contact A Social Security Disability Lawyer
If youre suffering from a disability and need support, a Social Security Disability lawyer from Derek L. Hall, P.C. can be your greatest advocate and ally. We can help you fill out your application, collect the evidence you need, and meet all deadlines to give you the best chance of success at the initial application level.
Has your application already been denied? No problem. Well keep working to find compelling evidence that substantiates your claim for the SSD benefits you need.
Ready to talk to a Mississippi Social Security Disability lawyer? Call or contact us today for a free consultation.