Challenging The Tribunals Decision
Hopefully the tribunal will have found in your favour, but if not, then this need not be the end of the line. You should take a cold hard look at why your appeal was refused, and you might need help to be this objective. Maybe the tribunal was right and you are not entitled to any award or to more than the Department awarded. It is also possible that even though you should have had more, the tribunal were entitled to reach the decision they did because something you said to them undermined your case, or because they saw some piece of evidence that was wrong but again, it undermined your case and they chose to believe that rather than what you said. You can only challenge a tribunals decision on a point of law, not just because you think that they got it wrong, and not because you now have a powerful piece of evidence or a new diagnosis. You would begin by asking the tribunal office for two documents, a statement of the tribunals reasons for their decision, and a copy of the judges record of proceedings. This is the note of the evidence that was taken at the hearing. Your request for the statement of reasons must be made within one month of when the tribunals decision was handed to you/sent out to you.
Work With Our Professionals At Kgb Injury Law To Help Secure Your Claim
Remember, when you work with someone on your claim, you triple your chances of receiving a positive outcome.
KGB Injury Law offers our clients deep knowledge and experience in filing Social Security claims. We believe that all our clients should be treated as people and not just as cases. We understand that suffering a serious disability and the financial and emotional hardships it can cause create real problems for people. When you work with us, you can count on the highest ethical standards. We care deeply about how we treat the people who choose to work with us throughout the entire disability claims process. Your success is our success.
You can get a free consultation, 24-hours a day, on our toll-free line 509-1011. You may also visit our website, tell us about your situation and why you want to file a claim. We will contact you and discuss establishing a relationship to help you with that claim.
How Long Will I Have To Wait To Receive Long Term Disability Benefits
In most cases, you should receive your first long term disability payment within 90 days of being approved. Unfortunately, in certain cases, it may take months to receive your first payment, which is yet another reason why you need an experienced legal team on your side who can work to streamline the process as best as possible. Remember, Walker & Hern is always on your side, even when the insurance companies arent. You can depend on us to fight for your right to the benefits you deserve.
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Why Do Social Security Disability Claims Take So Long
How Long Does It Take To Get A Disability Decision After The Hearing Is Held
Many judges will tell you at the hearing that the decision will be forthcoming. They might even say that it will be a few weeks. However, theres more to the story. Even if the ALJ, or administrative law judge, makes up his or her mind quickly, the decision still needs to be written up. This is done by a decision writer at the hearing office. And this can take weeks because decision writers also have backlogs.
So, it could be weeks or months after a hearing before you get a notice of decision. If it seems as though your case is taking too longer, call your lawyer and have them contact the hearing office for a status update on your hearing. I have made many of these calls and sometimes the call actually gets the case finished sooner. Sometimes, the case was held open for evidence and they didnt realize the evidence had already been receiveduntil you made the status check.
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How Do You Improve Your Chances Of Receiving A Positive Outcome
There are no guaranteed ways for you to either speed up the time it takes Social Security to reach a decision about a claim or to receive a positive decision. But there are things you can do to improve your chances.
- Stay with your claim: Your chances of being approved increased as you continue with the process. Remember, if you are not approved until the second or third step of the appeal process, you could receive a sizeable back pay allocation.
- Preparation is key: Have proper medical records ready. The more up-to-date your medical records, the greater your chances of success. If you dont have the proper medical paperwork, judges need to order examinations by an independent doctor. The SSA will pay for this examination, but doctors are notoriously slow in arranging these visits. And they often dont send in their reports by the two-week deadline. This can considerably lengthen the process.
- List all your ailments: Both medical and physical on your application.
- Provide a clear and accurate record of your work history: It should include all aspects of the job such as effort required, if you had to lift anything, hours worked and rate of pay. All these things will be used to help determine if you qualify for SSDI or SSI benefits.
- Hire someone to help you: Statistics from the Government Accounting Office show that when a claimant hires a lawyer to help them, they are three times more likely to have their benefits claim approved.
Hearing Loss Va Ratings Schedule For 2020
Hearing loss is a significant problem for veterans of the military.
According to the VA, more than 2.7 million veterans currently receiving disability for hearing loss or tinnitus.
However, most medical experts argue the number is even higher as not every veteran is aware of their hearing problems or have sought compensation for the disability.
Regardless of the specific number of veterans receiving disability benefits for hearing loss, the problem is prevalent in the U.S. Armed Forces.
Additionally, those that served after September 11 are 4x more likely to have hearing loss compared to civilian counterparts.
The bottom line is hearing loss is a bigger dilemma for veterans compared to most individuals that have worked in the civilian world.
Hearing loss can significantly alter your life, negatively impacting your quality of life and daily functioning.
For this reason, the VA currently offers disability benefits to veterans with hearing loss.
The VA rates hearing loss through federal code 38 CFR 4.85 Evaluation of Hearing Impairment.
The VA ratings are designed to examine each patient on a case by case basis for hearing impairment.
A rating is assigned to the patient based on age and the degree of hearing damage.
The higher percentage the patient receives, the higher likelihood of receiving approval for a disability claim and therefore more compensation.
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Talk To A Disability Lawyer
Need a lawyer? Start here.
Is It Worth The Wait
The biggest take-away from these survey results is that you should be prepared for a long wait if you’re applying for SSDI or SSI. Whether it’s worth the wait depends, of course, on whether or not you get benefits at the end of the process. To learn what our survey showed about your chances of success, see our articles on who’s most likely to be approved for Social Security disability benefits and how a disability lawyer affects SSDI/SSI outcomes.
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What You Can Do To Make Your Application Review Process Go Faster
If you want your application to be decided as quickly as possible, you should retain an experienced VA disability lawyer in Roswell to help you collect the evidence you need to support your disability claim and to file your application, so it is done properly. He can also follow up with the VA to be certain that they are reviewing the claim and can provide them with any additional information they need to approve your claim. To learn how we can help, call our office to schedule a free consultation today.
How Long Does It Take For Social Security To Make A Decision
The Social Security Administration does not set a time limit on disability claims. So, its hard to know how long it takes for Social Security to make a decision. Or how long it takes to get Social Security Disability benefits. The time limits below are based on the average time a claim may take before a decision is made. Some times may be shorter, some longer. Decision times also depend on where you live in the country.
- Once you file an initial claim, the average response time is 3-4 months.
- If the initial claim is denied, the average response time for a reconsideration appeal is also 3-4 months.
- If your reconsideration appeal is denied, the average time for a hearing appeal before an Administrative Law Judge can be anywhere from six months to two years. You can visit the Hearing and Appeals page on the Social Security site to see the average wait time for your area.
- If your claim is denied by an ALJ, you can continue with your claim by filing an appeal with the Appeals Council . If the Council accepts your appeal, it can take up to a year before it renders any decision.
- If your claim is denied by the AC, you can appeal to a federal district court. Most courts take about eight months before reaching a decision.
Do Ssdi Denials Come Faster
And how fast an SSD or SSI disability claim can be closed depends almost entirely on how long it takes for the disability examiner to obtain a claimants medical records. If the records come in quickly, the disability examiner may make a faster decision. If the records take longer, so will the disability decision.
How Long Are Disability Hearings
While every situation is different, and some cases are more complex than others, disability hearings generally do not last for more than an hour or two. Some hearings may be as short as 15 or 20 minutes.
As is true of any court appearance, it is recommended that you arrive early and well-prepared for your hearing. Your disability attorney will help you prepare by discussing the types of questions and procedures you can expect to encounter. Your attorney will also help to ensure that the ALJ receives all of the necessary information about the nature and severity of your disability.
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Can A Texas Disability Attorney Help With My Disability Claim
Many disability claims are initially rejected, only to become stuck in an overburdened Texas appeals process that can take years to complete.
Calendar deadlines, regulatory compliance, and case evidence must be well managed to avoid any unnecessary delays on your part. This can be difficult to do on your own while balancing the struggles of a limiting disability.
If you are appealing a denied Social Security disability claim, its a good idea to consult a Texas disability attorney for help. A knowledgeable SSD attorney will properly prepare your case and defend your right to social security disability benefits.
For help with your SSD application or disability benefits appeal in Texas, contact our office today.
Talk With Us For Free
The call is free. The advice is free. The result can be life changing. If youve come this far, take one more step. Let us answer any questions you may have regarding a disability claim through Social Security or the VA.
Are you thinking about applying, have already applied, or have been denied?
Let Disability Attorneys of Michigan help you get the disability benefits you need. Call us for a Free Confidential Consultation at 800-949-2900 today.
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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.
When Do The Award Payments Start
Even if it takes you a long time to successfully win your claim, your payments do not depend on the day the Court decided to make the award. When your application is finally approved, you will receive payments starting on the sixth full month after the date of your disability began. So if your disability started on June 15, 2019, your payments would start in December 2019. Another thing to remember is that you will receive your payments in the next month, so if your first payment was for December 2019, your first payment would be in January 2020.
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Starting A New Application
Most people who file for SSDI try to get through the process without help. Especially if you have already lost an SSDI claim, get an SSDI Attorney to help you when you file again. Your SSDI Lawyer has seen many different kinds of SSDI cases and helped other clients fill out the paperwork. SSDI Attorneys attend hearings with their clients and help keep them up-to-date on what is happening with their cases. This is especially helpful with these kinds of cases because they take so long to get through from start to finish.
The most important thing is that your SSDI Lawyer has successfully helped other clients to get their disability awards, so will know how best to present your case to the ALJ. If you did not use an attorney the first time, it is highly recommended that you get legal counsel when starting over to get the best chance of being successful at getting the award you deserve.
Many People Get Their Approval At A Hearing
The disability hearing is where you should have a disability lawyer, or a disability representative, to handle your case. A lawyer will try to get your case approved by meeting a disability listing, or proving you qualify through a medical vocational allowance. This is an approval that happens when your medical condition is severe enough that you cant do your past work, and cant do do some type of other work.
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Review Of Your Initial Claim
The review of your SSD benefits claim will involve two parts:
- Non-medical eligibility A local SSA representative will verify the information in your application and determine if your earnings record qualifies you to receive SSD benefits.
- Medical eligibility The SSA will send your case to the Disability Determination Services office. A two-person team will determine if you meet the SSAs strict definition of disability.
After the DDS team reaches it decision, it will send your claim back to the SSA office for processing. The SSA will send you either:
Notice of Award If your claim is approved.
Notice of Denial If your claim is rejected.