30May

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

By , May 30th, 2008 | 3 Hearings | 211 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!

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Disclaimer: This is NOT legal advice. This site provides general information about Social Security disability cases in Colorado. To discuss your particular circumstances, please contact a lawyer in your area. Please review the full disclaimer .
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.
  • Pgerman5047

    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!

  • http://www.Planet10Tech.com TomaszStasiuk

    Thanks for sharing your experience.

  • Kceesmom5

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

  • http://www.Planet10Tech.com TomaszStasiuk

    Sure. That can be very helpful. Just keep in mind that everything the judge hears and sees is evidence. The judge then has to weigh the evidence to make a decision. While good VE testimony is a good sign, a judge is not bound by it. It is an important part of the total evidence the judge considers. However, still only part of the total evidence.  

  • Kceesmom5

    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?

  • http://www.Planet10Tech.com TomaszStasiuk

    Take a look at

    1) http://www.socialsecurityinsider.com/2008/06/i-won-my-social-security-case-when-do-i-get-my-benefits/

    2) http://www.socialsecurityinsider.com/2008/02/i-won-my-ssi-case-now-they-want-to-pay-me-in-installments/

  • Kceesmom5

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

  • http://www.Planet10Tech.com TomaszStasiuk

    Social Security comes with health insurance: Medicare for SSDI, and Medicaid for SS. http://www.socialsecurityinsider.com/2009/06/will-i-get-medicare-or-medicaid-with-social-security/

    Medicaid can start immediately. However there is a waiting period for Medicare. http://www.socialsecurityinsider.com/2009/06/i-won-my-disability-case-now-i-have-to-wait-for-medicare/

  • Kceesmom5

    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.?

  • http://www.Planet10Tech.com TomaszStasiuk

    Well, waiting for 24 months may not be the same as being “in pay status” for 24 months. 

    24 months of SSDI benefits have to be paid before the individual is eligible for for Medicare benefits. The 24 months included back benefit months. 

    So, if Social Security paid benefits back to 01/10, Medicare eligibility would begin 01/12, after 24 months of benefits. 

  • Janeljohnson90

    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?

  • http://www.Planet10Tech.com TomaszStasiuk

    “Trust the person in the room.” Your lawyer was there with you and is the best person to tell you his/her impressions of how the judge responded to the cross examination of the VE. 

    Ultimately, it comes down to whether the judge is likely to believe the additional limitations presented by your lawyer. Strictly speaking, *any* limitation can presented during the hypotheticals. Whether it has any likelihood of convincing the judge has a lot to do with the support in the evidence. In my opinion, it has to be more than a possible side effect (like the list of side effects that comes with most medications). It helps if the medical records document the side effect happening.

    Good luck Janel! I will keep my fingers crossed for you.

  • Kceesmom5

    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. 

  • http://www.Planet10Tech.com TomaszStasiuk

    The local office will tell you what they need from you.

  • Austinsluv2u2

    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???

  • http://www.Planet10Tech.com TomaszStasiuk

    That just doesn’t make any sense. Anything more than 6 months and people start getting their members of Congress involved in putting pressure on to get a decision issued. That is, 6 months after any post hearing evidence and consultative reports are submitted to Social Security. 

    Waiting 22 months after the hearing and still no decision? That strains belief.

    When was the last time your lawyer checked on the status? Personally, I would call the hearing office directly. If the case really has not been decided 22 months after the hearing, talk to your lawyer about getting your Congressman involved.

  • Kceesmom5

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

  • http://www.Planet10Tech.com TomaszStasiuk

    Possibly: http://www.socialsecurityinsider.com/2011/07/can-creditors-garnish-social-security-benefits/

  • Briannastovaw

    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?

  • http://www.Planet10Tech.com TomaszStasiuk

    Carnack says, “it is likely a reminder of the hearing sent from back east finally arriving.”

    Or, not.

  • Rachel

    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???

  • http://pulse.yahoo.com/_3V22GGKT7RY6BK6JTCIKG5G5YE Kimberley Richey

    I had my hearing july 19 2011 the judge contacted my attorney telling her they had all the evedince they need and it is now october 13th and i called social secuirty and they said there is still no decesion made does that mean bad that it takes this long?

  • http://www.Planet10Tech.com TomaszStasiuk

    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. 

  • Kceesmom5

    I got a small check today from ssi.  Is this different from my disability I will recieve? Also, I owe a lawyer, but this check I got today want even cover my lawyer.  Do I pay them when I get my disability back pay? 

  • Kceesmom5

    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

  • http://www.Planet10Tech.com TomaszStasiuk

    Well, talk to your lawyer :)

    Generally, Social Security now withholds 25% of the back benefits from both SSI and SSDI and will pay the law office directly. So, in most cases, the claimant only has to cut a check to pay expenses. SSA pays the fees (out of the back benefits). 

    Also, keep in mind that in SSI cases, claimant’s back benefits are paid in installments: http://www.socialsecurityinsider.com/2008/02/i-won-my-ssi-case-now-they-want-to-pay-me-in-installments/

  • Kceesmom5

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

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t answer that. It depends on the specific circumstances of your case. You need to speak to your lawyer about it. 

  • Lfrazier23

    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.

  • Brandon

    I have M.S and i was finally awarded SS. By the judge just waiting on that LETTER now i filed back in june of 2010 so when i finally get my awardance letter will  i be getting health ins. june 2012??

  • http://www.Planet10Tech.com TomaszStasiuk

    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.

  • Rbrthi

    Just had my hearing after being denied 3 times.
    took about 15  minutes.
    the attorney said it went 98% in my favor and I should hear from ssd 4-6 weeks or  sooner.

  • Dukenlady

    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

  • http://www.Planet10Tech.com TomaszStasiuk

    Without knowing your case, I can’t really say. The big issue appears to be drugs, but if your tests show you are clean, that’s pretty dispositive! At least as of the time the tests were done. Re asking for 2009 & 2010 records, if you are claiming disability back to 2009, then those records are relevant. Share your concerns with your lawyer and see what s/he says.

  • http://pulse.yahoo.com/_VC257OSP4UKBODZHY57ZONZGM4 Rams Fan

    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?

  • http://www.Planet10Tech.com TomaszStasiuk

    Well, firing the lawyer because the judge hasn’t issued a decision is a bit extreme. Your lawyer can’t control how long it takes for the judge to get the decision out.  http://www.socialsecurityinsider.com/2008/09/should-you-fire-your-lawyer/

    It is possible to get your member of Congress to call and try to speed things up. However, that is something of a “nuclear option.” http://www.socialsecurityinsider.com/2008/10/should-you-get-your-congressperson-involved/

    If that is something you want to do, talk to your lawyer about the pros and cons.

    Good luck!

  • Sherriey

    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

  • http://www.Planet10Tech.com TomaszStasiuk

    Sounds like your lawyer is concerned. Of, you can just ask him/her. 

    The restrictions from your doctor are good however there is the rest of the file to consider: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

  • Karihorns

    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.

  • http://www.Planet10Tech.com TomaszStasiuk

    I think you are misreading the post. I typically see between 45-90 days to get a hearing decision followed by 45-90 for benefits to begin. So, while longer is possible, from what I see average time to payment from the hearing is between 90 – 120 days. 

  • Dsweatland

    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.

  • http://www.Planet10Tech.com TomaszStasiuk

    I dont’ think seizures are “usually denied.” I can’t think of single judge I have come across who did not recognize how negatively seizures affect a persons ability to work. The larger question is the efficacy of medications and how often a person has seizures despite meds. Documenting that can be difficult.

    As for how your case sounds… http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

    Good luck! I hope you win!

  • elishalovesdelfino@gmail.com

    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.

  • Tanysha2114

    My son had his hearing Nov. 29th of this year and it went really well. The judge was very funny and he said I was very articular. I had a lawyer and once he opend up my son file he said he sees that there is some problems and he wanted my lawyer to get two doctor questionnaire and he sent for a teacher questionnaire as well. He gave a good vibe and said I give you guys two weeks to get the info back to me and I wil take it from there. So my son lawyer just sumbitted the rest of the paperwork this morning. I have a really great feeling that my son is finally going to get his benefits that we’ve been fighting for since 2009. Is this a good sign

  • http://www.Planet10Tech.com TomaszStasiuk

    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!

  • Hill Sheryl1970

    my sister moved to colordo , she s been there for almost 6 yrs . when she applyed for ss she got hers in two weeks lol i guess she had already been diagnosed paranoya scisofranic she got it quick my best friend went to cailafornia to stay with her mom and her mom had her ss within 6 months diagnoised bypolar . me myself i hav been diagnoised with mdd manic depressen and i just went i front of a law judge it was a video hearing , on nov 8 2011 i have been waiting 2 n half yrs but te judgetold me an my attrney we shold hear something in about 30 days , well its been 30 days and im praying i get it my atterney semed confadent wish me luck thanks and i wish u all best of luck as well

  • Tracy Spencer

    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?

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi, Tracy. 

    A 90 day wait for a decision is not necessarily a bad sign: http://www.socialsecurityinsider.com/2010/03/is-a-long-wait-after-the-social-security-hearing-a-bad-sign/

    I can’t give you an opinion about your case. However, the time it takes to render a decision is not a strong indicator of the outcome. 

    Good luck!

  • Marcellakester

    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.

  • Tracy Spencer

    From my understanding my case had been sitting there waiting for a decision writer to pick it up since October. I’m from Indiana and the lady’s at the office said there is so many people waiting for disabily and they r short staffed that’s why it has taken so long for me to hear something. The judge had made her decision a month after I had my hearing. I have read up on some stuff and from my understanding it’s a good sign of being approved if it goes to an under writer. I have dealt with my back problems for 10 yrs. One of the Dr’s that I was checked by put me on a restriction out of a 8 hr day I can only stand, walk for 2 hrs and I can only sit for 1 hour. I have been told that I have a lower back like an 80yr old. I have like 3 buldging discs, DD, bone spurs, arthritis, a tear somewhere in the lower back. My neck has mild scoliosis, DD and nerve r being pinched. What do u think now about my case?

    Thank you,
    Tracy S 

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