30May

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

By Tomasz Stasiuk, May 30th, 2008 | 3 Hearings | 163 Comments

I went to my Social Security hearing. But, the Judge did not say if she was going to find me disabled or not. When do I get my decision?!?

As you personally experienced, in most Social Security cases, the judge does not rule on your case at your hearing. In Colorado, I only see a decision from the bench in about one in ten cases.

In most cases, you will receive a written decision about 45 to 90 days after the hearing.

Why does it take so long?

Some judges write their own decision between reviewing upcoming cases and performing hearings. However, it is not unusual for the decision to be sent to a “decision writer.” Then it has to come back to the judge, be reviewed, corrected, and finalized. After all of this is done, the decision mailed to you and your lawyer.

Unfortunately, this process takes some time.

How long did you have to wait to get your hearing decision? Tell me in the comments!

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

http://www.Planet10Tech.com TomaszStasiuk

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!
http://www.Planet10Tech.com TomaszStasiuk

What you describe sounds very good. But…. http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

Good luck Tracy!
Tanysha2114

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?
http://www.Planet10Tech.com TomaszStasiuk

To the best of my knowledge, the judge send out his notes to a decision writer, who writes a draft of the decision. The judge then can approve, edit, or make significant changes to the draft decision. Once the decision is approved, it is entered into the file and a copy is mailed to you.

Of course, during this process the judge is still reviewing cases which are coming up, holding hearings, drafting decisions, etc. So, it all takes some time.
Tanysha2114

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?
http://www.Planet10Tech.com TomaszStasiuk

Decision writers handle both approvals and denials – so you cannot read too much into the judge using a decision writer.

As far as chances, it really depends on the evidence in the case: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/Trying to make guesses based on how long the case is taking is as useful as tying to read tea leaves.

I’ll keep my fingers crossed for you!
Kcanally

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??
http://www.Planet10Tech.com TomaszStasiuk

It sounds good. Judges rarely abbreviate hearings to such an extent except to approve the case. And the “less than sedentary” comment is a wink in the same direction.

However, you generally trust the person in the room. Your lawyer is in the best position to figure out which way the judge is leaning. Anyone else (myself included) is just guessing with very limited information.
Jladams

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
Jt6463

I had my my hearing on Jan 9th. There was a vocational expert in the room who went through a list of jobs she thought I could still perform and then narrowed it down. The judge’s final question to her was “will this woman be able to hold a job?” and the expert answered no. Is this a good sign or should I not read into it?
thanks
http://www.stasiukfirm.com/ TomaszStasiuk

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!
http://www.stasiukfirm.com/ TomaszStasiuk

Processing times differ from state to state and even judge to judge. The conditions you describe certainly could qualify for disability. However, it all depends on the details (which I do not have).

Only the lawyer can access the ERE to check for the decision. However, you can call the hearing office to see if the case has been “closed” which means that a decision in the ERE file. Of course, you will get a copy of the decision by mail. However, that is often 10 days or so after it is available in ERE.

Good luck! I’ll keep my fingers crossed for you!
Cerebralhaze

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.