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.

joanne

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

How long does it take to get a social security hearing?
http://www.StasiukFirm.com TomaszStasiuk

I have an article about that very question here.
http://www.socialsecurityinsider.com Tomasz Stasiuk

Great question Joanne. I talk about how long it takes to get a hearing here.
Charles

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…
tina65

i had my hearing in front of a judge in march o9 and it is almost septemeber and the judge had made a decision in april and when i call to check on it they allways say it is at the decision writer and at the hearing the judge asked the ve if there was any jobs i could do considering my health and medications i take and he said there was no jobs i could do does that sound like it might be in my favor and if i was denied dont you think that they would of allready sent me a denial letter
http://www.SocialSecurityInsider.com/ TomaszStasiuk

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…
Connorb

I had my hearing at the end of July here in NJ and exactly 30 days later my fully favorable decision letter came in the mail. Not bad! Now I'm waiting for info on my benefits which should come in the next 60 days.
http://www.SocialSecurityInsider.com/ TomaszStasiuk

Congratulations!!! You must be elated!
Anonymous

I had my hearing here in NJ at the end of July and my fully favorable decision letter came exactly 30 days later. Not bad. Just waiting now for info on my benefits.
csc1959

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,
http://www.SocialSecurityInsider.com/ TomaszStasiuk

Well, you're right. The VE is just a witness at the hearing and the judge does not have to agree with any witness. I have had hearings where the judge found the vocational expert's testimony to be not credible (fortunately, it was in my client's favor that time). That is however, extremely rare.

Still, if the vocational *expert* says there are no jobs available in response to *every* hypothetical presented by the judge, and the claimant STILL get denied, that certainly is something to look at as a possible issue for the appeal.
mclark110

It's been 5months since my husband had his hearing, and we are still waiting on a decision.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

How long things take at Social Security are a constantly moving target.

While many cases still get decisions within 45 to 90 days of the hearing, I am seeing a surprising number of cases without decisions more than 5 months after the hearing.

When I call the appeals office (ODAR – Office of Disability Adjudication and Review), I am often told the case is still waiting on being assigned to a decision writer (even though 5 months have already passed).

While it may not provide much comfort, you are not the only one experiencing longer waits for hearing decision.

Still, you want to make sure that you have not missed the decision in the mail. It is often a good idea to contact the ODAR office to make sure that the decision is still pending. Your Notice of Hearing lists a telephone number for the ODAR office. If you no longer have that, your local Social Security office can give you the number.

Why not just ask the local Social Security office? Well, they may not have the most up to date information about what is going on with your case if it is at an ODAR office. So, it is best to go to the source.

Good luck!
pmpdade

ive been waiting 6 months for a decision
msmm

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.
msmm

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.
Kelly LaValley

I had my hearing 2 weeks ago in Denver. The judge made an immediate favorable decision. My lawyer told me that most people get their benefits before they even receive the decision. I'm waiting patiently.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

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.
Kelly LaValley

Thank you!

My lawyer said that I will most likely receive a check in the mail within one month of my hearing before I receive any other paperwork. I don't know anything about an appointment to set up benefits? Maybe it's different in Colorado?
I'll keep you posted.
djeobsreaph

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.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

A long wait may mean a problem, or, well, not. In my experience, judges generally do not state they will approve a case and then deny it. It's not impossible. It is just that when the facts of a case line up so well that a judge feels comfortable saying on the record that the case will be approved, it usually is.

You may want to ask your attorney to call the hearing office to check on the status of the appeal just to make sure nothing has fallen through the cracks.
Pingback: Super fast Social Security disability benefits | Colorado Social Security Law
Kelly LaValley

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.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

WOW! I have never heard of anyone getting benefits that fast. Congratulations!
Kelly LaValley

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

I had my hearing on March 17th 2010. The start of the hearing was normal, with the judge reading file numbers and exibits in. The judge turned aferwards and asked if I had any question about the proceedings before they began, and I said, “no.” Then my lawyer began the questioning. He began with schooling and work experience then went to daily life and the struggles I have from having shizophrenia. After I answered all the lawers questions, (the judge was viewing his computer most of the time unless he was asking me to speak up) the judge scratched his beard, and said, “we stand at recess on this matter.” That was the end of the hearing. And although they had called a VE and the VE was present, the judge did NOT ask any hypotheticals to the VE. To say the least, I was a bit shocked…so was my lawyer. He stated that because the judge had NOT even attempted to find work that I could do that it was a good sign, or at the very least, very hard for them to uphold a denial if they had decided to do that. My question is, have you had this happen during any of your cases that would indicate why the judge did this? I'm still very confused to why they would have even called a VE to the hearing unless they needed them to testify? Confused in southern CO.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

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!
texasgirl41

My husband had his hearing in nov 09 but the judge wanting some other hospital records that had nothing to do with his disability. He had a heart attack at age 39. He is not 43 and had to take a medical retirment from wk. His ef rate is below 39. He has a pacemaker heart defibulator. He has to take naps during the day and the VE said there was not job that would acommed his health conditons. But after all this time his case is still It is still with the judge in post hearing review. What does that mean? And is that a good sign or bad. Thanks
Pingback: SPEEDING UP Social Security disability benefit processing after a win | Colorado Social Security Law
fayebaby31

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.
fayebaby31

oh, i realized i didnt post what was wrong – i have degenerative disc disease at all levels of my spine, 3 bulging discs in my neck, migraines, and non- alcoholic liver disease. i'm 34. my lawyer said it helped that i had 158 pieces of medical evidence in the last year alone.
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Congratulations! That's terrific!
Pingback: Is a long wait after the Social Security hearing a bad sign? | Colorado Social Security Law
lisa miller

my husband went to his hearing 2 months ago,and still not a word.he was told by his lawyer a ve would be their,but when he went to court their was no ve person.also he was denied any witnesses.just wandering if that is a good or bad sign.also 3 people who went to court on the same day as he did have allready got a decision.it took my friend 2 months for a denial.he has been fighting this for 10 years.he is 54.
jamiee

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?
Pinktoes1723

oh after my trial was over he said unless he changed his mind by the morning i was in his opinion disabled .This was in ohio
HASNA

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….
http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

Hi Hansa,

This article may be useful: http://www.socialsecurityinsider.com/2010/03/is…
Nita

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.
Alcaholicdemon

Finally after 4 months my husband was approved.he received a good sum of money from ssi,but then was told he was not eligible because his ssd was to much.today he received his first ssd check.has not got his back pay yet,not sure how long that will take
Billy

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…
Timothy

Had my ALJ hearing on August 18th, 2010 and here it is November 11th, 2010 or 12 weeks and 1 day or 85 days since my hearing. Still no word or letter from my lawyer or SSA.
I live in Hawaii, 43 years old, combat vet. L4/L5/S1 spinal fusion, (Still alot of pain in hips and lower legs joints), major depression and PTSD. The slightest little bang has me hitting the ground still after 5 years after being back from Iraq.
My time in Iraq even while injured went faster then this SSDI nightmare of waiting and waiting to be denied, reconsidered, appeal and still wait for a decision. I at the point of saying goodbye to everything because if you were not crazy or depressed before, fighting for SSDI benefits will drive you crazy and get you depressed. I am sick of this whole SSDI wait and mind games.
http://www.Planet10Tech.com TomaszStasiuk

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.
D3cbrown4

Hello,
I applied for misuse of funds over 9 years ago, I recieved a letter saying that they were looking into it. 5 years ago. Now they won’t call me back and when I talked to the person at Colorado SS they were rude and said we just don’t ignor these things but nothing has happened. What would you suggest my next step would be?
http://www.Planet10Tech.com TomaszStasiuk

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/
Embracegrace

I had my hearing on August 11, 2010 and received my approval letter on January 14, 2011 (letter dated January 7). I was supposed to have both a VE and ME at my hearing but the VE didn’t show. (I found out later that her husband was dying). The judge kept the case open for quite awhile–at least two months. I’m not sure if the original VE weighed in or he got another one, but whoever it was stated that there were no jobs I could do (I have a traumatic brain injury).
http://www.Planet10Tech.com TomaszStasiuk

Thank you for sharing your time line on getting a decision from Social Security. And congratulations!
Hela_3@hotmail.com

If we have missed two appointment how long before we can get a new one?
http://www.Planet10Tech.com TomaszStasiuk

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.