How long after my Social Security hearing does it take to get a decision?

How long does it take to get a social security hearing?

I have an article about that very question here.

Here in Penna,it seems to be about the same…Wifes Hearing was Oct 1,this yr. the ALJ demanded from a Dr another pc of info which was just reciently aquired by order test.which was set just before the hearing..as such we (wife and I) had to scramble to get the test done,records faxed to the ALJ with in hrs of results. now its the waiting game…Wife will be 55 in Jan..09, it appears she most likely will wait til then to hear anything reguardless…she had cancer and has multiple disk problems in her back..and neck area…I went thru mine some 17 yrs ago as hurt on the job….I was 40 when i began the process…

There is not much I can say. It is often a good idea to stay in touch with the hearing office to make sure you don't miss the decision. When more than 6 months passes I sometimes consider Congressional involvement, but it depends on the circumstances. See http://www.socialsecurityinsider.com/2008/10/sh…

Congratulations!!! You must be elated!

No you can still be denied when I went to my hearing the VE kept saying every time the Judge asked Do you believe she do this job or that job & every answer he gave for a Job was no I believe she could not and I still got denied. Sorry,

It's been 5months since my husband had his hearing, and we are still waiting on a decision.

ive been waiting 6 months for a decision

I took my son to court three months ago and when i call the adj office the secretary tells me the judge hadnt made a decesion i dont understand why it takes so long.Im constantly off work because my son is sick and i have no other income,what am i to do.

Congratulations on the win!

Personally, I have never seen benefits paid before the receiving a decision. But I am not trying to say your attorney is wrong.

However, I have started to see some cases where a client receives a letter from the local Social Security office scheduling an appointment to process benefits before the decision is delivered.

Clearly, the Judge's office is entering the decision and Social Security acting on it immediately, while the decision takes a few days to be delivered by the post office.

my wife filed for disability in april 2006, she finaly got her hearing on august 7,2009. at the hearing the judge said she would receive disability. as of today feb. 26, 2010 she has yet to receive a written judgement and the attorney we hired here in arizona told us because it's taking so long the judge would most likely would rule against her.here is a list of her documented problems; both hips replaced, five ruptured discs in her back in two different areas, torn rotator cuff in right sholder, fibromialgia, migraine headaches, essential tremors, acute anxiety, acrophobia, depression. four different specialists have on record she can't work. at the hearing the occupational therapist told the judge there were no jobs my wife could do. yet here she waits 4 years after applying for disability.

So I received my benefits today. It took 19 days from my hearing date. I haven't received anything in the mail at all from Social Security yet, though.

Thank you! Your website was an invaluable tool for me. Keep up the good work!!

If you are in Southern Colorado, I have a pretty good idea who your judge was

I have had similar things happen at hearings. It can be a good sign, but a lot depends on which judge does it. You may want to talk to your lawyer about his/her experiences with this judge.

Good luck!

i live in louisiana. my alj made a favorable decision right from the bench. it was my first appeal, and took 8 mos. total from filing to hearing date. very expeditious from what i've heard.

Congratulations! That's terrific!

i went to my hearing may 11th and social security got the decision today .But I wonder how long it will take for me to get the decision?

HI I WENT IN FRONT OF THE JUDGE ON JAN 26 2010 AND TODAY IS JUNE 18 2010 NO DECESION YET I CALLED AND THEY SAID IT WAS WITH THE DECESION WRITER…I HAVE BEEN TOLD THE LONGER IT TAKES U WILL BE DENIED,BUT I GOT MAJOR DEPRESSED IM ON SEROQUEL,EFFEXOR150MG EFFEXFOR 75 MG AND AMBIEN AND XANAX…I DONT GO OUTSIDE BECAUSE I HATE TO HEAR THINGS HIT THE GROUND IM NOT SOCIAL AT ALL….

I got a fully favorable decsion after 12 days! The only quick part of the two year process but no money yet and that is what we need after all this.

Hello I have been denied once in the mail the first time. I imedetly got a lawyer, this all falls back in Sept/2008 . I went in front of an ALJ/ in indianapolis last july 2010. No word yet last week my lawyer called on it and returned my call with the notice that the Judge hasnt even looked at my case yet to make a decition? wow so im at a loss, not sure what, where, or if my head is even on my sholders? sorry if i dont help but it can only let better…

Hey Timothy, I’m sorry things are so frustrating. Your lawyer should be able to help give you an idea of how much longer it should take to get a decision. If all else fails, you can always call the appeals office yourself. The notice of hearing lists their telephone number.

Hang in there, and give your lawyer a call.

I do not quite understand what is going on with your situation. However, if a person is treated badly by Social Security, they can always complain to the head of the office. Also, if things just are not getting done, there is always the Congressional option: http://www.socialsecurityinsider.com/2008/10/should-you-get-your-congressperson-involved/

Thank you for sharing your time line on getting a decision from Social Security. And congratulations!

You have missed 2 appointments with Social Security since being approved? If so, you may want to get a hold of your local SSA office as soon as possible.

Your lawyer is in the best position to determine what is going on. I encourage you to keep in close contact with his/her office.

It is extremely unusual for a year to pass without a hearing decision. In Colorado, at least, many decisions are entered within 90 days, and 6 months is the longest wait that I see. However, some cases have multiple hearings, or have post-hearing consultative examinations, which can increase the wait time.

The hearing office should be able to provide a statement of the status of the decision. For example, the case may be with a decision writer, or with the judge for review, etc.

Your lawyer should be able to tell you what the hearing office is saying is the status. Of course, you can also contact the hearing office directly. Their telephone number is on the Notice of Hearing which you received.

Good luck Jennifer!

Hi there. You don’t mention how long ago your hearing was. When an individual is waiting for a hearing decision, the amount of time since the **application** is not as important as the amount of time since the **appeal**.

If the issue is the ALJ is waiting for a piece of evidence, the real question may be, has the judge gotten it? You or your lawyer can call the hearing office and ask to speak to the judge’s post-hearing clerk to see if the evidence has been received and if there is anything else that the judge is waiting on.

You mentioned that the case would be “closed” in 14 days. The term “closed” usually does not mean decided. It often simply means that the record will not longer be held “open” and the judge and his/her staff will begin working on the decision.

I do not work in the Chicago area, so I cannot tell how long that office takes for decisions. Whoever answers the phone at the hearing office (you may have to press “0″ to get to the front desk) may be able to give you an estimate.

I have a number of articles about vocational expert testimony here: http://www.socialsecurityinsider.com/tag/vocational-expert/
Keep in mind that vocational expert testimony is another source of evidence. The judge has to weigh it along with the other evidence in the case. A judge may choose to accept or reject vocational expert testimony. When you have a lawyer at your hearing, they will usually have a pretty good idea of which way the case is leaning. However, without being there, I cannot comment.

Good luck!

Barring issues with workers’ compensation, state interim benefits, child support obligations, overpayments, periods of incarceration, etc, the answer is soon. Back benefits are often paid within 60 days of regular monthly benefits starting; often much sooner. However, it all depends on the specifics of each case and the office an individual is dealing with.

Good luck!

Hmm. I was trying to figure out how your example of co-signing in a car might result in an overpayment. Then an idea occurred to me.

Did Social Security consider you an owner of the vehicle, and since it is not a primary vehicle, it is not excluded, putting you over the asset cap for SSI?

I’m just guessing here. SSA should be able to give you the answer.

It sounds like there is definitely a case there. However, I can’t give you any kind of odds. A lot of cases have summaries that sound good.

It is important to consider that Social Security disability cases are won and lost on the details. A case’s chances depend on what the medical records, doctor’s statements and other evidence says.

Ultimately though, even with all the presently available evidence, anyone’s opinions of the chances is still only a guess. The only way to find out is to apply and let SSA evaluate the case.

Well, I can’t tell you “why” the judge didn’t have  VE. Some judges I know use VEs all the time, others do not. A VE provides evidence (testimony) about steps 4 & 5 of the sequential evaluation process. http://www.socialsecurityinsider.com/2009/03/how-social-security-reviews-cases-the-5-step-sequential-evaluation-process/

That is, whether an individual can perform any past work (step 4) or any other type of work (step 5). 

Also, the burden of proof shifts at step 5. At steps 1 through 4, the claimant has the entire burden of proving their case. If the claimant fails to provide sufficient evidence, Social Security can deny the case without lifting a finger (as it were). 

However, if an individual get up to step 5 and still not be denied, *then* the burden shifts to the Commissioner of the Social Security Administration to proved that the individual is *not* disabled. 

So, from a legal standpoint, if the judge wants to deny an individual at step 5, there usually has to be a VE to provide testimony. Otherwise, there is a potential appealable issue that the judge made a step 5 denial without supporting evidence. 

So, that doesn’t really answer your question does it? Why didn’t the judge have a VE? Who knows! Perhaps the judge felt the case is a slam dunk and there isn’t the need to have a VE present. Perhaps the judge felt the case had serious issues and could be resolved (either by an approval OR a denial) and VE was not necessary. I don’t want to tease you. However, I just can’t say why. It’s asking me to read the tea leaves without even seeing the tea cup.  However, I hope a brief discussion of the impact of not having a VE at the hearing was useful!

Good luck!

Wow! Hollis, that is super fast. Congratulations on the win and the speedy payout! And thanks for the tip.

Whether the benefits will be adjusted is a matter of the Onset Date the judge selects. If the work performed was not gainful, then it might have no impact. The other end of the spectrum would be the judge moving the onset to *after* the work ended. Either option assumes an approval. If the judge said the work wasn’t gainful, it suggests the former. However, without knowing your case, I really can’t say.

As far as timing, in my home state of Colorado, I normally tell people that the decision should be issued in 45 to 90 days, however if the 90 mark is crossed, then the case is probably with a decision writer and might take up to 6 months (from the date of the hearing). Processing of benefits can be from a few weeks to about 90 days depending on whether a case is DIB, SSI, or both as well as what other issues need to be addressed (periods of incarceration, workers’ compensation offsets, overpayments, etc).

Good Luck!

Hi Christina,

Social Security cannot process benefits until a decision is entered.

Judges can issue a “bench decision” by orally entering a ruling into the record. However, this is fairly rare.

Typically when a judge tells a claimant how the judge is going to rule, that is not the decision. It is a “preview” and “summary” of the outcome to remove worry and tension. He decision *still* needs to be written and electronically entered so that 1) the local Social Security office (SSI cases) and/or regional payment center (SSDI case) can begin processing benefits. The electronic decision is also converted into a paper decision which is mailed to the claimant. However, with Social Security office electronically linked, the local office and/or payment do not have to quay for the paper version which can lag the electronic decision by ten days or longer.

Basically, even when a judge tells a claimant what the outcome will be, until the decision is entered, nothing happens in terms of beginning the processing of back benefits and ongoing benefits.

I don’t have information to add to what I have already written about how long it takes to get a decision.

I HAD A HEARING JUNE 17,2011 FOR MY SON AND I WAS WONDERING HOW LONG WOULD IT TAKE FOR THE JUDGE TO MAKE THE DECISION. MY SON HAS CHRONIC ASTHMA LEGALLY BLIND IN HIS LEFT EYE HE HAS BEEN DIAGNOSED WITH ADHD. AT THE CURRENT TIME I CAN’T WORK DO TO HIS HEALTH PROBLEMS HE HAS NUMEROUS APPOINTMENTS SOMETIMES A WHOLE WEEK STRAIGHT MONDAY THRU FRIDAY.

hello i just got approved for ssi on june 23rd 2011. and they are takin it back all the way to febuary 28th 2008 and i was just wondering how long does it take to get my award letter and my backpay? thank you!!!!

thank you i just hope it dont take long

From what you describe it sounds like it went well. 
Not having seen the hearing nor being familiar with the records, it is difficult to second guess what your lawyer told you. It is not even monday morning quarterbacking, it is just, well, guessing. 

So, if your lawyer says it went well, give yourself (and your lawyer) and pat on the back. If you have a question, give your lawyer a call. S/he is in the best position to comment.

Good luck!

It just means that *whenever* they set they hearing, they will give you at least *20 days notice*. Your lawyer can give you an idea of the average wait time in your state from requesting a hearing to when a hearing is likely to be set. Good luck (and I’m glad you got a lawyer on your case)!

i had my hearing 3 days ago the judge says off the record i am finding the decission in your favor,so i don’t understand why he said off the record.

I’ve written about how long it takes to get benefits after the hearing decision: http://www.socialsecurityinsider.com/2008/06/i-won-my-social-security-case-when-do-i-get-my-benefits/

However, I don’t handle federal court cases, so I cannot address how long it takes after those. 

Unfortunately I made a lot of bad decisions in my life helping others…Now that I’m disabled  my son & I are in a pinch..I have to let him stay with his aunt tell i get my SSI or SSID…Yes, I have a lawyer but is there anyway I could have the process move faster…My housing is in big time jeopardy and my lawyer says homeless peoples cases move faster if your on the street which she doesn’t thinks make since either…

I have written about speeding up cases for dire need, here: http://www.socialsecurityinsider.com/2008/10/speeding-up-a-social-security-case-for-dire-need/

My honest opinion is that you and your lawyer are in the best position to figure out what, if anything, can be done to try to speed up your case. Your lawyer should know the judges and hearing office in your area and what they are likely to respond to. 

What you are telling me is that the decision is waiting on a signature. That is a normal part of the process and just about the last step before a decision is sent out. However, I cannot make any kind of guess as to the outcome of the case.

i had a hearing aug.17 2011 and i called they said my decision was mailed aug.24  2011 is that a bad sign that it was a fast decision the ve was ok the judge asked the hypo questions and they seemed favorable to me but who knows

Hi I had a hearing in front of a law judge in augusta and I had been waiting on a decision letter the judge said i’ll hear from her in 60 days and I haven’t received nothing yet. So does any one no how much longer have to wait for letter.

I had my hearing in Dallas at the end of March 2011 & no decision letter as of today Labor Day 2011.  The case has been in the writing stage since the hearing date.  My attorney told me before the hearing that the ALJ conducting my denies 90% of all cases that came before him.  I researched him on the internet and my attorney was correct.  I am 100% Service Connected Permanent and Total disabled according the VA and have been receiving 100% VA  benefits since 2004.  I told my attorney that maybe I would be one of the ALJ’s 10%.  The ALJ even stated during the hearing that my case should not have made it to him but yet it did and here I am 6 months later with no decision.  My attorney tells me not to call the ALJ’s office because we don’t want to make him angry.  The amount of time waiting on his decision is prolonging my ability to reapply because appealing a negative decision will only get me back in front of this ALJ.  If the appeals board finds in my favor he will definitely not be happy to see me.  It’s as though my attorney and others here are in fear of retaliation from this ALJ if they challenge his decisions since his approval record is only 10%.  I am seriously considering moving to a region where the ALJs are more favorable before I reapply. Until then I just wait.  Any thoughts? 

i went to my hearing on may 15 2011 it is now sept 8 and still no descion  on my status. 

That depends on where you are in the process. Social Security has a page to check the status of initial applications: http://ssa.gov/claimstatus/

However, they don’t tell you much.

During the initial application, it is often better to contact the case manager at Disability Determination Services.

I would just like to give some people hope.  I have a blood disorder.  I look healthy and am 54.  I was struggling the last year I worked between going to doctors and a full time job.  Then my sister died and I went into a depression that made it impossible to work.  I could not move. Trying to get my son to school was a chore. I stopped eating and this effected my blood problems.  Anyway. I lost my job in December of 2009.  I filed for disability in January, 2010.   I was very detailed in my paper work and made sure they got everything they needed.  I was approved in A pril.  There is a six month waiting period so the first month I was to get paid on was June.  I got it third week of July.  So everyone doesn’t get denied.  Good luck everyone!

If the vocational expert says that in his opinion, the person is unable to work… does that help in getting an approval?

I got my letter today… Was approved.  Now what?  (Fully Favorable)  I will be so glad to have some insurance….  What is the next step I will have to deal with?

Will I also be able to get insurance now that I have been approved?  Thanks for the information, it was very informative.

so if I have already been waiting for 24 months, then I will recieve medicare immediately? Or will I still have to wait for 2 yrs.?

The VE said i can go back to my past job as a cashier but my lawyer asked him if i go back to being a cashier would they keep me and with the side effects of the meds would they allow me to take more breaks than normal, and his response was no, and theywould seek another employee. So is that a good sign? And he also was saying that there are so jobs that i can do in the national economy. So is it a good sign towards an approval?

Also, I have not worked since 2008…. they know this to be the case. I live alone, my parents, and my sisters have helped me finacially for the last 3 years.  Also, my grand father helped me out alot, sadly he passed away last week….. what do I need to provide for the local security office, I have no bank accounts or anything, as I have no money.  I want to go ahead and have any information, they may need.  Thanks your information has been very helpful. 

I had my hearing in December 2008 before a Federal Judge and my lawyer and I was asked to give more medical evidence on my disability.  We provided the evidence, the judge said he would give us an answer by January 23, 2009 and we are still waiting today to hear a decision.  I have peripheral neuropathy, fibromyalgia, osteoarthritis, a broken navicular bone in my left wrist and a fracture in my right foot that was not diagnosed as broken bones and both heal incorrectly and developed bad arthritis around them over a period of time.  I have carpel tunnel and my previous work involved a lot of typing I can no longer do… (having problems typing this without having to stop several times from the pain).. The response I got from the Judge at the hearing was, “could I do any housecleaning”  I said some but I had to stop a lot to rest… His response was “if you can clean house some then maybe you can work some too”… that was then he was told about the peripheral neuropathy and the fibromyalgia… He asked for the evidence we provided and we still have not gotten an answer… My lawyer checked with the system a couple times and they said it is still sitting on the judge’s desk he hasn’t made a decision yet.. How much longer do we have to wait???

If you owe back taxes, can the IRS garnish your disability money?

My boyfriend had his ssi court hearing 3 business days ago and received ssi mail today but we have no ride to get it at his po box. What would the mail possibly be on?

i recently went in front of judge after being denied 2 times and then appealed it and then waited 3 years when will i know what her decision was it was 8/11/2011???

It really is a matter of trying to read tea leaves to try to decide if a long wait is a bad sign. Generally, a long wait is not as good as a rapid (within 60 days of the hearing) decision. However, it *really* may not mean anything at all. I know it is hard to wait. But, reading too much into the time will just make you miserable. 

I’ll keep my fingers crossed for you. 

I got a small check today from ssi.  Do I pay my lawyer out of this check, or do i wait until I get my back pay from disability?  This check I got today is just a small check.  Thanks

If i get ssi, does this mean I will not get my disability back pay? This is all very confusing.

Glad to hear that you received your benefits. I had my hearing on the 19th of October.. was denied the first time, denied on recon then had a scheduled hearing in May to see the ALJ and he postponed the hearing for me to go see a CE Pyschiatrist. Then was rescheduled to just last week on the 19th. No decision at the hearing, however, the hypothetical questions the judge asked the VE were strange.. first one VE said yes I could do past and future work, second hypothetical question the VE said no too. Then on cross examination as I have a work limitiations/restriction form that states I cannot work more then 2 hours without walking, standing and sitting when I needed. The rest very very litmied and the VE said no I could not do any work past or future. So I hope that this helps my case.

It sounds like you are asking about the 24 month waiting period for Medicare. This post may provide the information you are looking for: http://www.socialsecurityinsider.com/2009/06/i-won-my-disability-case-now-i-have-to-wait-for-medicare/

I cannot say how your case will end up since I don’t know whether you were applying for SSI or SDDI? Or how far back the ALJ decided the disability began, or how far back the benefits will go.

Hello ,
I went to a consult and was denied and had to appeal to ALJ. I am 29 married with three children  I  suffer from bi polar depression anxiety  I take meds that i cant drive and still dont leave house anyway make me dizzy. My medical consult noted i abuse marijuana but dx me two listing and prognosis fair and did note some impairments . I had a hearing two weeks ago. The judge asked about this and I said I have not done that since school 12 years ago and my atty provided drug tests from my mental health providers office all negative two recent tests and 4 older ones.  There was no VE or ME The judge was very friendly and the hearing she went through work history what i did there and why i was let go. lasted about 20 minutes.  The judge wanted records from 2009 and 2010 from mental health doc office , WHY ? Is that good or bad she had 5 other years including most current…medical records so the judge left the record open passing my chances of a bench decision : C   he submited records day after hearing.  My lawyer says it went well but im not so confident since there was no VE or ME and the lie from the medical consult whom twisted things . The original denial after the consult never mentioned denying me for drugs at all. What do you make of all this mess
THANK YOU

I had my hearing 6 mos ago. I still havent heard from anyone. I have called my lawyer and he told me that it was on the Judges desk. The judge said he will be getting back to me we his decision within 6 mos. Now what do I do? It seems my lawyer wont do anything for me. Do I fire him or do I just call them or go there on my own?

I was denied at the initial stage and on recon starting back in May of 2009. I finally had my hearing in front of an ALJ on October 19th. I suffer from BiPolar, Personality Disorder, Depression, Anxiety, Myofacial Pain Syndrom and Complex Regional Pain Syndrome. The judge listened to all of my testimony and the ME stated that he thought I was over exaggerating my symptoms and only based his testimony off of the report that the CE Pyschatrist provided that SSDI sent me too and one other doctor and completely overlooked and did not mention anything about the physician I see on a regular basis. The judge asked the VE two hypotheticals in which the first one the VE said yes there was past and present work I could do and that I had transferable skills. The judge then asked the VE the same hypothetical but asked if there was an employer past or present that would keep me with missing 2 more days of work a month and the VE stated “No”. Then my attorney presented the VE with my work restrictions and asked him two sets of questions and the VE stated that there was absolutely no job past or present that I could do and givin that I miss 4 days of work a month and leave eary on every job I have and the VE said no way there would be anything in the national economy I could do. My work limitations/restrictions that were provided to me by an Occupational Medicine Doctor are as follows: 2 hours of very light work with lifting no more then 5 lbs., sitting (34-66%), standing (11-33%), walking (11-33%),  bending (waist/neck) (1-10%), squat/knee/crawl (never), Twist/Pivot (waist/neck) (1-10%), climb stairs/steps/ladders (never), work over shoulder (never), work floor to waist (never), jogging/running (never), work waist to shoulder (67-100%) with seldom (1-10%) of my right arm being used for grasping, pincer gripping, reaching withoutstreched arm, twisting (wrist), pushing/pulling with hands, wrist flexion/extension and keyboard work and with my left arm being able to be used for the following things (34-66%). While noting that I need to alternate betweeing sitting/standing/walking as needed. It has been almost 30 day’s and I do not have a decision made as of yet. My attorney didn’t sound positive about the hearing stating that the judge was looking at my substance abuse issues from long ago which the ME ruled out as a problem and the CE that I seen stated that they didn’t believe It was a factoring issue for anything. My attorney also said that the first set of hypotheticals the judge gave the VE was not favorable on my part and my attorney wants me to keep submitting more medical records of new and upcoming appointments that he can continue to send to the judge while we are wating for a decision. I’ve never heard of that before. So given this information what does this all add up too? Thanks

After reading all the different comments, I see I just might be screwed. I recently had my court hearing and the way the judge sounded at the end I’m not to sure I’m going to receive my judgement. Basically, because I’m educated I may not be approved for my case even though I’m not able to sit, stand, lift, carry, or do much of anything. If it’s going to take another year to get money even if I do get approved my kids and I will be living on the streets. My landlord have been nice but I have been waiting since 2009. Finally, got a hearing earlier Nov. and may not receive a decision till February, and then it may take another year before I receive a payment. Wow, when is the government going to put the needs of those that keep them having a job first.

I have had my hearing in august.  Have not heard back yet.  My lawyer said that could be good.  I have seizures.  I sleep 3 days after having a seizure.  They ask me about if I lost my job at ups put i said i have no problem with a doctors note.  Could that be my down fall.  I have video eeg to back me up at rush hospial.  Also have cluster headaches.  They ask me about if i gone to a doctor for that.  I told them i didnt know about speicalist for headaches.  Since than I have gone on oxgen and seeing a specalist in feb for it.  Does it sound good.  My lawyer said it soundes about 95 percent good.  But wooried about the headheads.  Because seize are usally deined.  I have parial  seizures.

I applied for disability back in 2005 maybe I don’t remember but I was denied and then went to the law judge and got denied twice there too. I just received a letter about partially favorable so I’m just waiting.

Hi, Tanysha. Frankly what stands out to me is that the lawyer needed the judge to tell him/her that the forms were needed. I am guessing that these are the standard work limitations forms which SSA uses. Unless the lawyer had previously tried to get them and the doctors were not cooperative (or a similar reason), I am not sure why it took the judge to get this started. There may be a good reason but this is what stands out to me. 

On the plus side, it sounds like the judge is looking out for your son’s interests and wants to make sure the necessary evidence is in. 

I hope it all works out for you and your son. Good luck Tanysha!

I had my disability hearing in Sept. 2011. I have called and checked on the case and as of right now Dec. 16, 2011 everything is at the decision writer. I was wondering if this was a good sign for my case to be at the decsion writer? The office told me that the decision writer picked up the case on Dec. 6, 2011. I was wondering if you could give me your opinion if it might be approved or not?

I went for my hearing back in august. As of dec 14, the judge made his decision. Is there a way i can find out what his decision was before the mail? (As in, is there somewhere i can cal and they will tell me)? Also, from what ive read…it will take another 3ms at min. To get a paymebt…what if ur backdated???? Ty.

If you have an attorney signed up with the SSA ERE system, s/he can check online to see if the decision has been entered. The decision is in the electronic file about 10-14 days before the paper copies arrives in the mail. 

After the decision is entered, SSA will begin processing the benefits (back benefits and ongoing monthly benefits)This post discusses benefit processing after the decision is entered: http://www.socialsecurityinsider.com/2008/06/i-won-my-social-security-case-when-do-i-get-my-benefits/Good luck Marcel!

I called to see about my son case and they told me I should hear something within 8 to 12 weeks y so long? That the judge was working on it as we spoke and he had to send it out to a decision writer then the decision writer have to send it back to the judge to sign off on it. What does this mean?

So what’s the percentage of my son being approved? I saw his approval rates and it was 57 percent and his denial percentage was 19 percent. So the judge writes the decision and then sends it off to a decision writer and do they write all the decision or the ones that’s good? Now 8 to 12 weeks is that a good thing to wait or is that a bad sign?

i have a ? i had my hearing yesterday 01/09/2011 and the judge only swore me in asked my name ss# and date of birth and then he said that in  this case he found the mental rfc to be less than seditary ,then he said this hearing has ended and goodluck?  my lawyer thinks i might of won but is not sure , can anyone possibly help me with this confusion??

Hello my name is Jennifer and after reading the post I have noticed the time of hearing from the judge’s desicion in each state seems different. Could this be possible? I just had a hearing on Jan. 6th, 2011 of course the judge did not tell me if I was approved or not, but my lawyer seemed happy when it was over a he said, “that went really well.” He also stated that I will here something in four weeks. Since the hearing I have be suffering with anxiety because I have come to realize the wait is almost over, the struggle is almost over. I have been diagnosed with bi-polar 1,depression, and had back sugery last year from broken lumbars, spinal fluid leakage, and 3 deteriated disc. Do these these three problems qualify as a reason to even sign up for social security? I go to many doctors and my medical charts are huge. I also noticed someone posting about levels of education, can this cause a negative response on a case? I have also read from your postings if a lawyer has acsess to the SSA ERE system he or she can check online to see if a desicion has been made. Is there any other way I can check into it myself to get a response or speed up the process to get a response? Thank you for your time and effort you take to answer all of our questions.

Jennifer 

It *is* a good sign. Just keep in mind that one sign is not everything: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

Good luck!

My husband’s hearing was Dec. 2011. The judge never asked the vocational expert or SSA represenative any questions what-so-ever, only a few to my husband and his lawyer. The last thing the judge said was “very good, that’s all I need.” Afterwards the lawyer congratulated my husband.(I’m not getting excited until I see it in writing)  My husband is also a disabled vet and his TDIU hinges on the approval of SSI.

10 months is *way* outside the normal range to get a hearing decision. Have you contacted the hearing office to verify that a decision has not been entered (and for whatever reason, you haven’t gotten it)?

my son’s father’s disability was approved back in july of 2011.  him and his oldest son have already recieved there backpay and monthly payments…his oldest son was put on his claim when he first sighned up for his disability,  whereas i had to have dna on our son.  my case was denied because we hadn’t had dna done yet.  i have finally recieved the dna stating that he was the father and had an appeal for reconsideration done march 1st.  they told me it could take six more months,  why so long?  what’s the sonnest you’ve seen cases like this take to get payment and what can i do to speed it up?  thank-u

My hearing was in April, 2011.  We had a two month delay because the ALJ’s office misplaced some documents.  I am still waiting for a decision.  Since my hearing, my condition has worsened and I now meet the listings for my conditioned.  My lawyer and my senators office both tell me that the SSA office is just way backed up but I can’t last much longer since my medical bills are going through the roof.  Is there anything I can do to fast track this?

Thank you so much for your prompt reply.  I will call my lawyer on Monday.

The next step after filing a dire need request is Social Security (or the hearing office) reviews it. There is no set processing time. In my experience, if SSA finds dire need, the hearing in less time than usual for the hearing office. If not, there is no response. About the only thing the attorney can do is to call the hearing office to inquire if the judge has reviewed the dire need request. 

Unfortunately, that’s the situation in most hearings. If the judge accepts the claimant’s doctor’s opinion, it’s a win. If not, there are problems. 

How could the Judge not accept a doctor’s opinion with multiple peices  of evidents before them?

Wait times vary by office and by judge. In Colorado, I normally estimate between 45 and 90 days. Your lawyer should have a handle on wait times in your area.

Hello, my son had his hearing Jan 5 of 2012 after being denied twice. He has had asthma since birth , ADHD, and is in speech therapy at school. The judge was very nice and stated that he needed to gather my son’s last dr visits since his medication dosages were increased. He then stated that as soon as the records are received he can make his decision. I just called to check and the last of the records were just received last week. She stated that his file had been sent to the writting department by the ALJ. That was really fast considering that the last of the medical records were sent in last week. Does this mean it’s bad with it being sent over there so quickly?

hi

i had my hearing on the 22nd of March and i called today and was told that my case was closed and that i should receive a letter within 10 days what does that mean?

being that it took only a week to get a decision does that sound like a good thing? I felt good after the hearing but you never know.

Hopefully, it will turn out well for you. I will keep my fingers crossed.

You are asking to read tea leafs.  

Social Security disability cases are not one thing, they are everything that SSA has: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/ 

I will keep my fingers crossed for your son’s case.

Social Security does not speculate, hint, or disclose the decision until it is issued. The only exception is when the judge at the hearing tells the claimant how s/he is going to rule.

Trying to “sweet talk” the receptionist at the hearing office is not likely to work because 1) they don’t know the decision until it is issued, 2) even if they work with the judge and have a 90% certainty of which way the judge is leaning on a case, it would be an *amazingly* severe breach of their duty to speculate, hint or disclose the decision. 

However, once the file has been closed and the decision is in the mail, then, and it is still only a maybe, the clerk may tell you how the judge has ruled. Typically, though, they will just tell you that you will get the decision in the mail. 

The next level after a hearing with an ALJ is the Social Security Appeals Council. The hearing judge does not decide the appeal.

However, if the Appeals Council remands the case for another hearing, the new hearing is often with the same judge.

While I guarantee that this means an approval, in my experience this is often a very good sign. Good luck!

Well… what did Social Security want your doctor to sign?

I suspect it is a RFC form (but that is just a guess): http://www.socialsecurityinsider.com/2012/03/limitation-forms-for-social-security-disability-cases/

It depends on what the doctor says and the other records in your case. Cases are won or lost on the details — and I don’t know the details in your case.

Possibly. Social Security can approve disability cases for low IQ or other school problems.

My advice to those seeking disability benefits. I hired a law Firm from the very beginning and I applied in October of 2010 and got my case expedited and the ALJ was able to move my case up. I had my hearing April 16th 2012 and my decision of Full Disability Benefits was made at the hearing which is known as a (bench hearing). I recommend this Law Firm that is nationwide. Fleschner, Stark, Tanoos & Newlin 1-800-618-4878. My Case Manager was Melissa Gallmier and you can say Lisa in Claremont, NC referred you to this Law Firm. Good Luck!! They won my case for me!!

I had my video hearing 3/14 my ME did the same thing but put numbers with each one and said equal to or greater than….The Judge asked onset date and closed the case….My atty said he has never seen that and that we won….Now starting to doubt. No award letter or anything and its been 7wks………Still Waiting

i had a hearing about three weeks ago about me being disabled and the hearing was on the computer. i haved suffered with problems from head truma from being in a car accident at two weeks old. This means i have had this condition all of my life and now the results i may hear is that im no longer disabled and how would i go about recieving help for this situation im in.

Hi, I had my hearing on 1-11-12. I still have not received a decision. What can I do? Not sure why it is so long. I was told 4-6 weeks. I live in Illinois.

Have you ever had someone wait over a year for a decision?  It’s now been 13 months and counting for me.  My lawyer says the judge will tell her nothing about why there is a delay.  In the meantime, I have given my lawyer further medical records showing that I now meet the listings for my condition (chronic anemia).  I was on the borderline when I had my hearing.  Is my lawyer doing all she can do or is the judge able to just ignore it.  I can’t get a satisfactory answer and I’m very frustrated.  This case is in New Mexico.

All I can say is I’ll keep my fingers crossed for you: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

It depends on how well supported the limitations are in the evidence. 

Trust the person in the room: talk to your lawyer, get his/her impressions. No one can tell you how your hearing went better than someone who was there

I SIGNED UP ON SSD 3 YEARS AGO ,I WAS DENIED 5 TIMES EVEN IN FRONT OF A ALJ, WELL I JUST HAD MY SECOND HEARING ON 5/3/2012 ,THE LAW JUDGE SAID HE WOULD RUSH IT THOURGH AS SOON AS POSSIBLE,MY LAWYER SAID HE THINKS THIS WAS A VICTORY,I HAVE CERICAL SPINAL COMPRESSION ,SEVERE ARTIRITISE IN BOTH HIPS AND LOWER BACK DISC COMPRESSION,DO YOU THINK I’LL HEAR ANYTHING SOON?

You can also ask your lawyer to check the electronic file for the decision. Often decisions are put in up to 10 days before they arrive in the mail. The local office/processing center can often begin working on determining benefits once the electronic decision is in. Some of my clients have gotten the money in their accounts *before* getting the decision. It doesn’t happen all the time, but it can happen, and it is a nice surprise.

 also my back doctor was missing some of my med records they were faxed to the judges office 2 weeks later ..

 thank you tom .. i need luck .. its just my lawyer was missing some of my med records but we did get them turned in on time ..  so i know that could be prolonging my decision …

You or your lawyer can call the hearing office to check the status. Your lawyer can log in to the ERE system to see if a decision has been entered. However, Social Security does not have a public net-accessible way of checking the status. 

  Some one needs to fight to change the way this the system does things. People are not trying to win a law suit, no one should have to go in front of a Judge or hire a lawyer, to be approved for something they should be and probably are entitled to in the 1st place. Something WAY wrong about this! Why do you need a lawyer for something you are not entitled to any way and how can a lawyer get you something FROM THE GOV> you are NOT entitled to? And IF you are entitled to it {as it would seem because so many people get approved after they hire a lawyer} then why in Gods name do you need a lawyer or need to go in front of a judge. Its broke and needs to be FIXED!!!

Congratulations, Karen!

Rcg … i feel you my friend .. i have been waiting since 2-8-2012 and still no word .. i guess all we can do is keep our fingers and toes crossed and pray for the best

Since I don’t know your case I can’t tell you. I’ve written about judges asked to amend the AOD: http://www.socialsecurityinsider.com/2008/08/what-if-the-judges-wants-me-to-amend-my-alleged-onset-date/

And the impact of unemployment here: http://www.socialsecurityinsider.com/2009/03/how-do-unemployment-benefits-affect-a-social-security-disability-claim/

Sometimes, judges view trying to get Social Security disability benefits for the same time a person got unemployment as “double dipping.” The regulations allow it, but they give the judge wide discretion.

Tom, Also on my conditions, there was a VE at the hearing and the judge asked due to my conditions is there any jobs that I could do within the national and local economy and he said there are no jobs at all. I filed in 2010 and my hearing with the ALJ was in March 2012. This is when the judge asked me to explain about the unemployment and then asked if I would change the AOD. I don’t understand how the back pay works. Ugh, such a confusing program for the back pay !!!! By the way Tom, Thank you for helping all of us understand the events that we have to go through with the SSA, Your time for me is very appreciated !!!

How far Social Security pays back benefits: http://www.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

N?

Congratulations! And thank you for the kind words!

Whoa! Don’t just assume that you have been denied. You can give the hearing office a call to see if a decision has been issued. The number is on the notice of hearing. If you no longer have that, you can always just call the SSA 800 number 1-800-772-1213 (however, they do not always have the most up to date information).

If a decision has been issued less than 10 days ago, the decision may still be in the mail. If it has been longer, let the hearing office know you have not received it.
If an appeal is necessary, check out this: http://www.socialsecurityinsider.com/2008/10/i-was-denied-at-hearing-what-do-i-do-now/

Hi David.

You don’t mention what the outcome of the hearing was.

If you are still within the appeal period, you may still be able to file an appeal. It is even possible to appeal a partially favorable decision if an individual feels a fully favorable decision should have been issued. However, I would strongly recommend reviewing the decision with a lawyer before appealing a partially favorable decision.

Hi Tammy, I’m sorry about your dog and everything else that is piling up on you.

From what you describe, it looks good. However, the best person to make an assessment is your lawyer. S/he knows the case and was there at the hearing. If your lawyer is signed up with the SSA ERE system, s/he can check the electronic file to see if a decision has been issued. Since there is often a 10 to 14 day gap between the decision being entered and it being received in the mail, this provides an early look at the decision.

However, if a decision has not been issued, there is not much that can be done to “hurry the judge along.” The average time for a decision is between 45 to 90 days. As of this writing, you are just on the cusp of the 90 day mark. So, a decision may be issued shortly.

If there is no decision in the file, you or your lawyer can call the hearing office (not the local SSA office) to ask for the status. However, hearing office provide minimal information (in writing, with a decision writer, closed and in the mail, etc).

Hopefully, it won’t be too much longer. Good luck Tammy!

I have a hearing coming up and am very nervous my lawyer said I have a lot of medical evidence which is great and all my dr’s are on my side so he says I have a very good case but my question is I see everyone talking about a VE and Medical expert at the hearing do you ever meet them before? On my denial letter SS put that they didn’t think I could do my current job or any other job that I have had but they thought I could do something although that wasn’t stated in the letter what that might be does this factor in?

i had my hearing really didnt understand it but they asked the ve if i could do any jobs she said yes light duty work no more than 6 hours and said i cant do my past work anymore. they further went on to talk about other stuff i didn’t understand but then she said you would get your decision in the mail in45-60 days i asked the lawyer what she thought she said it can go either way i just wanted to know what you think i have bi poplar and ptsd and i have glaucoma and cataract and neuropathy corridal optic damage to my left eye traumatic i dont know i am just anxious driving me crazy

In my experience in Colorado, it often takes between 30 to 90 days for the decision to be issued. However, each case, and each judge, is different.

I don’t practice in Nevada. You mention that you have a lawyer. Why not ask him/her if your experience is normal in Nevada.

I HAD MY HEARING ON MONDAY MAY 13TH AND THE JUDGE GAVE ME A BENCH DECISION THAT I WAS APPROVED ALL THE WAY BACK TOO 2007 HOW LONG UNTIL I GET THE LETTER AND MY MONEY RELEASED TOO ME HAD A GREAT ATTORNY THIS TIME AROUND .

Aloha. I had my hearing this Monday and was told they would get a fully favorable decision out me as soon as they possibly could. They agreed with the onset date of oct 2010. So am I correct in assuming I will receive ALL backpay and my monthly payments? I’m really hoping I get this approval letter in the next 2 weeks. I can’t survive another 3 months waiting.