What happens after Social Security finds you disabled

 

What happens after the Social Security disability hearing

After waiting months (even years) to get your Social Security disability hearing, and then months more to get the decision, you finally have it!  Social Security has found you disabled. It is “Favorable” (either Fully Favorable or Partly Favorable).

Ok, now what? When do my Social Security benefits begin?

Here’s the thing: Social Security disability cases have two parts:

Part 1. Deciding if you are disabled? That was what the hearing was about.
Part 2. Deciding your eligibility for benefits, the benefit amount, and the amount of back benefits if any.

Part 1 is done. Part 2 is just starting…

Even after deciding that you are disabled, Social Security needs to figure out your monthly benefits and your back benefits.

If you were applying for both Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), your benefits for each program are calculated separately by different Social Security offices. In other words, after Social Security decided that you are disabled, your file now flies off in two separate directions. Title 2 – Social Security Disability Insurance (SSDI) benefits are processed by a regional payment center, while your Title 16 – Supplemental Security Income (SSI) benefits are processed by your local Social Security office.

Once the processing is complete, you will receive separate notices about your benefits for each program. In the upper left side of each notice it will either say “Retirement, Survivors & Disability Insurance” or “Supplemental Security Income.” That is how you know whether the letter is talking about your SSDI or SSI benefits.

Your SSDI benefits will probably be calculated first. Once your monthly benefits and back benefits are calculated you will receive a “Notice of Award” letter, summarizing your benefits. This is usually followed by an “Important Information” letter, which gives you more information, including when you can expect payment.

Your SSI benefits are handled by your local Social Security office. You have to be disabled and qualify financially to receive SSI. Your local Social Security office will contact you to go over your income and assets to see if you still qualify. Please note: Social Security will consider your SSDI benefits in determining your financial eligibility for SSI.  So, your SSI benefits may be reduced or eliminated for any months that you also receive SSDI benefits.

Just as under the SSDI program, you will receive a “Notice of Award” letter followed by an “Important Information” letter describing your Supplemental Security Income benefits and when you can expect a check.

Processing your benefits should take approximately thirty to ninety days.

The good news is that this part of your Social Security case is mostly automatic.  You may be asked to provide pay stubs, bank statements or other documents, but remember you are in the home stretch!

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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 .

About Tomasz Stasiuk

Tomasz Stasiuk is a Colorado Springs Social Security disability lawyer and the founding attorney of the Stasiuk Firm - a law firm specializing in Social Security disability cases in Colorado. Follow Tomasz Stasiuk on Google and Twitter

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  • lauren777

    Trying to find out the decision from the law judge about my SSI

  • Linda

    Your blog is a wealth of information. You have answered so many of my questions.

    Thank you.

  • http://www.pacnetservices.com/index.php PacNet

    Still waiting for a result regarding my SSI

  • cathy889

    i got ssi award letter it said i can’t get ssdi but i earning statement say i have enough to qualify for retirement

  • Angie Beber

    ok i have been through all of this it took about 3-4 years and a lawyer to win my sons case….he gets the monthly check……but there is a back amount owed to us($25,000) but they will not let me touch it…they says it has to be used on medical(which he has medicaid) and school nothing else??? they had deposited 1,900 in a account i had to open…i spent the money on buying my son clothing a bed, paying bills(that do benefit him) and they tell me i misused this money and i have to repay it(i have no money to repay that)!! right now i have no car to get my son to doctor appointments….and i cant use the money to even purcahse a cheap car that will get us going where we need to be!! i guess i'm just wondering if anyone has any suggestions or knows who i can call to get info on this matter!!!

  • Jaymee Hyatt

    I won my case on February 26, 2009. I have not herd anything snice . Not one single word of what is going on. My helth is deteriating. I have RDS also called CRPS. , Fibromyalgia, and just recently a Huge inflamed disc in my gluteus maximus. I have 2 childern to support, that live with me 24/7.And my stress is through the roof, heart burn that fells like battery acid on a good day, hair falling out in lumps and klups speratically(not the kind of look a single mom really goes for) and to top everything off panic attack just last week (ya thats one I so could of left unchecked). Many, many, more, but I'm sure you get the point. All I'm asking for is a letter to just let me know what's going on. A couple of minutes in a letter, three tops. A little communication goes a long way. Its all I'm sayin'. My health would thank them for it.

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

    Have you called SSA to see what the hold up is?

  • mitzilee

    i live in baltimore maryland i just recieve an fully favorable by the ajl judge what is the next process

  • gerald franklin

    yes i'am getting ssa disability,will I get medicaid or medicare.got a letter saying fully favorable, will it be 30 days or 60 days before I hear something?

  • gerald franklin

    yes i'am getting ssa disability,will I get medicaid or medicare.got a letter saying fully favorable, will it be 30 days or 60 days before I hear something?

  • Desiree Lewis

    I had a hearing for my ssi and ssdi in June, I was told my case is being edited what does this mean? Also the medical expert that was there to testify, says in his opinion he doesn't see me working at any level, is this a postive for me?

  • http://www.ColoradoSocialSecurityLaw.com TomaszStasiuk

    A case in editing already has the decision written (which is sometimes done out of the ODAR office with a decision writer), and is now being edited. Once that step is done, the judge has to sign the decision and it goes out the door.

  • Pingback: Super fast Social Security disability benefits | Colorado Social Security Law

  • Sable_licious

    Yesterday, out of the blue, I received a call from SS to make a appointment for a phone call with me in two weeks. I asked what the appointment was for, and the lady stated to talk about your appoval for your benefits. I was shocked.

    17 months ago, I applied for Social Security. I was denied. My disability is Cancer. I have been though hell and back in the last year, chemo…radition, 4 surgeries, and still undergoing treatment. After the denial, I hired a lawyer, and she was able to get me a appeals hearing within 8 months.

    The hearing was about 3 weeks ago, and I thought it didnt go to well. WHY? I been drawing unemployment for the last year because I was eligible. The Judge stated to draw unemployment you have to be looking for work. I said yes, I was aware of that. He then asked “Did you look for work?” I said no. I explained that during the last year, with the chemo, radiation, surgeries, endless doctors appts, that I was just trying to survive. Plain and simple. The judge said Ive heard enough, and the hearing ended. So to my complete surprise…I was appoved. So now the important question. Will I have to pay back all the unemployment out of my back pay? The lawyer told me that the federal government usually doesnt police the state, but she was unsure. What do you think?

  • http://www.StasiukFirm.com TomaszStasiuk

    Congratulations on the win.

    A lot depends on the Judge. I have seen some judges take personal offense that an individual was receiving Social Security at the same time as unemployment insurance. However, Social Security has acknowledged that the standards for SSA disability and unemployment are different and not necessarily mutually inconsistent. Consider: http://www.socialsecurityinsider.com/2009/03/how-do-unemployment-benefits-affect-a-social-security-disability-claim/

  • Sable_licious

    Thanks Tom for your answer. But…it didn’t answer my question, lol. The ALJ came down pretty hard on me about the unemployment, and it seemed as if he wasn’t even concerned about my disability. My lawyer…spoke for about 2 minutes, and was cut off by the ALJ. He then began to grill me, the hearing lasted 20 minutes total.

    I’ve looked at alot of sites about the unemployment/Social Security, but my question seems to be up in the air. My lawyer knew that I was receiving the unemployment and never, not once…even seemed to consider it would arise as a problem. Also, when I first applied for SS, the lady at the SS office told me I could receive SS and unemployment at the same time. I told the ALJ this too.

    Sp back to you TOM, have you ever heard, in any case law, that the SS withheld “back pay” to reimburse the state for unemployment? Thanks for your prompt response!!

  • http://www.StasiukFirm.com TomaszStasiuk

    Hi Sable,

    That’s the only answer I can give you. *I* personally am not aware of any such regulation. But that is not determinative. Whether you may need to repay the state for unemployment is, strictly speaking, outside of my practice are (helping people get their Social Security disability benefits).

    Since you have an attorney on your case, make them work for their commission and ask them! :)

  • Sable_licious

    Is it true you only get 6 months back pay on SS if you have an income over $700.00 monthly?

  • http://www.StasiukFirm.com TomaszStasiuk

    That… doesn’t ring a bell. I can’t think of rule that would explain what you mention. There a 5 month waiting period. There’s income limits for both SSI & DIB. But, it sounds like there is something else happening. Talk to SSA about what is going on in your case.

  • Foxxy Brown65

    I got approved for SSDI I got my decision letter, notice of award letter and my Medicare card…but no money on my award letter it only mentioned my monthly amount but no backpay or when i will receive first check. I called SS and they told me there was some code of incarceration she asked me have I been in jail I told her never in my life but I was in a stabilization unit for a week due to possible suicided do you think it will take months for them to gather what they need before I can receive my benefits?

  • http://www.Planet10Tech.com TomaszStasiuk

    Congratulations on winning your case! From what I have seen, when SSA get bad data in the system it can take quite a bit of time to get things corrected. I cannot speak to your specific circumstances, however, in general, I encourage people to try the following:

    1) Find out what the problem is. Just knowing that the benefits have not been released is not enough. You need to know what the hold up is. Is there an workers’ compensation issue? Incarceration? Prior overpayment?
    2) Find out who is working on it. Get the name and direct extension of the person who is working on the file right now.
    3) Follow up regularly. I do not recommend calling daily. Social Security is amazingly overworked and you have to give people time to work on things. When you speak to the case technician, ask when the current step should be resolved. Calendar that and call back to follow up.
    4) Document your contact with SSA. Keep a notebook with your attempts to solve the problem, and with Social Security’s response.
    5) If the technician repeatedly fails to call you back when you leave messages, consider escalating the matter to the supervisor at that office. Be reasonable here: don’t leave daily messages and expect a call back the same day. However, if you leave only one message a week and after several weeks you still have not received a call back, escalate. Note: if there is a deadline that may affect your rights, you may need to escalate sooner, or pursue other remedies.
    6) If all else fails and you have tried to leave messages, escalate, and you cannot get a response out of Social Security, consider getting your Congress-person involved.

    Please keep in mind that my general disclaimer (this is not legal advice) applies. :)

  • Gilberto

    hi tom, my appeal hearing was june 30, 2010, i received a letter on august 18,2010, stating that i had a partially favorable ruling. i receivd my medicare card in october 2010, and started receiving my monthly check in october and my second check in november. i am still wating for my back payment, i did receive workers compensation for five years from 2001 to 2006, i then got a settlement from them based on the level of my permanent disability. then in 2009 i was desperate for cash and settled my future medical with workers comp. i call social security over 10 o 15 days and they give my an amount of what they are going to pay but no time frame as to when they are going to pay. today, they told me that my attorney has been paid (my attorney has not informed me, i’ll call them monday). i read on a blog a little while ago that every time i call social security i am actually triggering an internal response that causes another person to look at it.

    please advise, gary

  • Gilberto

    another question, what happens if i buy some stocks or future contracts and i make some money. after the end of the calender year i get a 1099 showing x amount of income. would that affect my ssdi?

    thanks, gary

  • http://www.Planet10Tech.com TomaszStasiuk

    I can’t advice, I can only provide general information on this site (plus you already have an attorney). I have not heard of a “internal response” triggered with every call. Some times I wish there was something like that since it is often difficult to get information out of Social Security.

    Give your lawyer a chance. He or she should be able to go over what is happening now and walk you through the next few steps and give you estimates on when your benefits should come in.

    Good luck Gary!

  • Gilberto

    Thanks Tom, i read about the “internal response” on another blog. my attorney just keeps telling me “in a few weeks” or “you should of already got it”.

    Thanks for hosting this blog!

    Thanks again, Gary

  • Tara Jhons

    Thx for the reply Tom…well SSA took care of it a woman had the same name and birthday as me but in a different state. Now that is cleared up my next issue is …my lawyer got paid and so did my daughter for backpay as to she wasn’t 18 according to the judge set date, I have not received any money I got a letter telling me that the SSA is withholding 7months I guess for prior workers comp and such…but I never been on works comp or anything like that (my backpay is from March 09) I did receive unemployment in 08 before i applied for SSDI my attorney knew this but wasn’t very concerned. Do you think they are withholding back pay because of the unemployment and if that was the case wouldn’t the attorney and my daughter not get paid? I won back in Oct 2010 and still waiting :-( I’ve gotten my fully fav letter,award letter and medicare card….but still no payment.

  • http://www.Planet10Tech.com TomaszStasiuk

    Honestly, if you got a fully fav letter 2 months ago, not that much time has passed. I often see it taking 3 months or so for back benefits to be released. Normally, if the atty has received payment and any auxiliary benefits have been released, the claimant’s back benefits are soon to follow.

    Since you have an atty, have them give SSA a call to see if there is a hold up in releasing your back benefits.

    Good luck!

  • George Barnes

    Hello Tom,
    I had an ALJ Hearing August 18, 2010. I received a fully favorable letter on October 12, 2010 stating I was approved for SSI and SSDI. I then received an award notice for the SSI part on November 10, 2010 and my first SSI check on December 1, 2010. I still have not heard anything from SSDI and I called the 1800# and they just see SSI and not SSDI. Do you have any idea when I may receive an award notice from SSDI and how long it takes? I did receive a letter for the ticket to work program on December 21, 2010, but still no notice, no check or back pay information.

    Thank You,
    Mr. Barnes

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi George.

    I have have a number of instances of worried calls from my clients who have contacted the SSA 800 number and received incorrect or incomplete information.

    Even though a regional payment center handles the processing of SSDI benefits, I have found it is often better to contact the local office to check on the status of benefits (versus contacting the 800 number).

    Good luck!

  • Jbbryant09

    Im 51 Will Be 52 Years Old On March 10th 2011 !! I Filed For Disability 5 Years Ago Been Turned Down 3 Times And Went To My hearing Tues Feb 1st 2011 !! Me & My Lawyer !! After The Hearing Was Over I Was Already Out And Then My Lawyer Came Out And Told me This !! ( Well, I Dont Have A Crystal Ball , But That Went Well, It looked like He Felf pretty Confident About Me Winning , But Said I Cant promise Anything . He Was Telling me That if he Approved It , It Would be From Back When I Was 50 Years Old. And I Would get Back Pay From 50 On. So With All This Said , What Do Yall Thank.!! Sounds Like Ive Got It To Me !! Im Sure Hopeing So !! Please Leave me A Comment On If You Thank It Sounds Like Ive Got It To You All , Please !!! Thanks To All !!!!

  • Jbbryant09

    My Lawyer Called me Yesterday And Told me The Judge Was Going To Find Me Disabled And From Back When I Turned 50 !! Man What A Relief !! Now Waiting For my Letter I Suppose And Money !! How Long Before i get The Letter And back Pay & 1st Check !! Anyone Please !! Thanks ben !!!

  • http://www.Planet10Tech.com TomaszStasiuk

    Congratulations! That’s a fast result.

    As mentioned above, in my experience, it usually takes between 30 and 90 days to receive an award letter and receive benefits. Sometimes benefits are processed super fast: http://www.socialsecurityinsider.com/2010/02/super-fast-social-security-disability-benefits/

    Your lawyer should be able to give you an idea of how long it may take where you are.

  • Bowyer Dawn

    i have won my appeal for dla i was told im entitled to middle rate carecomponent frm 4 oct 2010 til 4 oct 2012 how long wil it take to recieve money thats owed and how much is it weekly

  • http://www.Planet10Tech.com TomaszStasiuk

    Congratulations Bowyer! Thanks for reading and taking the time to comment. However, this site discusses the US Social Security disability program. I suspect you will have better luck asking about the Disability Living Allowance program on a UK site. All my best.

  • Janvier

    Tom,
    I am a wounded warrior ( OEF) and rated through the VA as 100% disabled and have been since 2006.
    I filed for my SSDI in Feb 2006 and was turned down I went through the appeals court with the law judge in 2009 I was turned down again while waiting for my next appeal I called my congressman and received helped in getting my case reviewed in Falls church, VA they sent my case back to the same law judge and told him that he made the decision and to look at the case again. A week before my hearing
    The judge calls my lawyers to make a deal saying he would approve my case if I would except Jan 2010 as my date of disability. I had a stroke at that time. I received my letter from the judge showing my fully favorable decision on march 14 2011. How long does it take to start receiving my first cheek.

    Wounded from Texas

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi Janvier,

    Thank you for taking the time to comment. You have been through a lot in getting a decision.

    Your lawyer is in the best position to estimate how long it will take to process benefits in your area.

    In Colorado, I see benefit processing times between 1-4 months. DIB cases get processes faster since SSA does not have to determine financial eligibility (as in SSI cases). Concurrent SSI / DIB cases take longer as two separate offices process benefits. Processing times may also increase if there are Work Comp or interim assistance repayment issues, prior overpayments, or periods of incarceration during the disability period.

    Good luck Janvier, and thanks for reading!

  • sniper

    i will keep you in my prayers ….. i just got approved on the 17th after 3 years. I wish you and your family the very best it is a bear what all you must go through. i hope u gets lots back. you have a great night now….
    m

  • Redmancheyenne

    I had my SSDI hearing seven months and two weeks ago. ( Sept 15th 2010) A decision was made the
    1st week of January 2011. It’s been written and is in final edit since the second week of March, almost 5 weeks. My lawyer says it’s not unusual things taking this long. But it dosen’t sound too good to me. I had my hearing by video conference in Falls Church.

    Is it common for it to take more than six months before you find out what the decision is? If it’s favorable, I hope it dosen’t take another 7+ months for benifits!

  • http://www.Planet10Tech.com TomaszStasiuk

    I know how frustrating these long decisions can be. However, a case in “final edit” for a month is not that long (even if it has been seven months since the hearing). I realize that this is not very satisfying, however, things are moving forward (even if slowly).

    Hopefully, you will win your case. In my experience, benefit processing takes between 45 days to 90 days.

    Good luck!

  • annette fraire

    my son was approved for ssi in may n they told me he would start recieving in june 2011 and i still havent recieved anything i try calling the case worker and shes only answered once she told she would have an answer at the end of the day never heard from her again tried calling everyday but she dont answer

  • http://www.Planet10Tech.com TomaszStasiuk

    When this happens to me, I call the main number and hold for the next attendent. Sometimes, the case technician is on vacation, or the case has been transferred to another person. If the case is still with the same case tech, it is also possible to escalate to their supervisor.

  • http://www.Planet10Tech.com TomaszStasiuk

    When this happens to me, I call the main number and hold for the next attendent. Sometimes, the case technician is on vacation, or the case has been transferred to another person. If the case is still with the same case tech, it is also possible to escalate to their supervisor.

  • http://www.register-domainname.in/ Domain Registration India

    First of congratulation to you for this achievement and it’s really great for you.

  • Jamesbond1009

    sounds good, i had my hearing over a month ago.. took about 28 days to get decision from ALJ. got a fully favorable decision.  after the hearing my lawyer also told me ” that went very well  ” … so it sounds as if you may get it… hope by time you read this you will have gotten good news!

  • http://profiles.yahoo.com/u/TJEB4RZYP57SLYNI6GUK6IRYRM Mr.ACE Houses

    i would like to see my fully favorable decision details and what i need to do now i have been waiting iwould like to see when i will receive my benefits

  • Loriblackwell

    I have been diagnosed with Gluteus Medicus and Trochanteric Bursitis. My job consists of me walking 8 hours back and forth with 30 registers and throughout the store. I am a front end supervisor of a large retail chain. I can’t do this job anymore with the pain in my leg. I’v have had a fusion in my back also about 10 years ago. I am hurting so bad. The doctor said I could be in a wheel chair if I don’t stop. There is a surgery but it is only 50% that it will work. I need my job to survive. I can’t quit. My question is how do I still work and file for SS Disability without loosing any income. I have 2 wks vacation days and 122 hours of sick time, but it is not enough to go throughout pay until they tell me I qualified or even if I did. I could lose my job then and diffently have no income then. I don’t know what to do or what to do first.  Can you or anyone help me to decide or lead me in the right direction. I am so desperate. Thank you.

  • http://www.Planet10Tech.com TomaszStasiuk

    Hi Lori,

    You are not going to like it, however I consider transferring from work to Social Security disability with no loss of income as an unrealistic request. The processing time on an *initial* claim is about 4-6 months (in Colorado). Also the test of disability under Social Security is an inability to perform work (at a substantial gainful activity level). http://www.socialsecurityinsider.com/2008/08/am-i-disabled/

    Theoretically, if an individual’s impairments limited to working below the SGA threshold, they could continue to work and apply for benefits. http://www.socialsecurityinsider.com/2007/12/useful-site-social-security-substantial-gainful-activity-amounts-by-year/

    However on DIB claims, there is also the 5 month waiting period during which SSA withholds benefits: http://www.socialsecurityinsider.com/2009/04/what-is-the-5-month-waiting-period-in-disability-insurance-cases/

    Conceivably, it could be done to document a declining ability to work and basically build up the case before the individual stops working to try to minimize the time without income. However, as lawyers (and non-lawyer representatives) work on a percentage of back benefits in most cases, and you are basically asking any lawyer to “keep my back benefits to an absolute minimum,” because you want a smooth hand off from work income to disability benefits, a standard fee agreement may not work.  If an individual asked my office to do something like this, I would probably require a fee petition based fee agreement along with a sizable deposit toward fees. http://www.socialsecurityinsider.com/2009/05/what-is-a-fee-petition/

    So, it is difficult, potentially doable (or at least tryable), but costly.

    Good luck Lori!

  • Azador

    Hi, I had my hearing with a judge Sep 7th, 2011, he awarded me my disability during the trial.  Now I am curious how long it will be before I receive my first payment.  I know the back pay will take awhile, but they have already sorted out how much I am receiving every month and information like that.  I was awarded SSD and SSI, but the amount of the SSI has yet to be determined.  This process began over a year ago.  I was denied by Social Security and appealed with an attorney.

  • Anonymous

    I have some advice for folks: Don’t go with Binder and Binder.  They are not advocates in any sense of the term.  They push paper around and pass on costs for medical records that will never be used.  They do this only to maintain an illusion that they are doing something for you.  They are not. 

    I had an interesting conversation with the state SSDI claims analyst handling my case:  She had never, ever heard word one from anyone at Binder and Binder about my case, period.  Binder & Binder had told me that they had spoken with her and made arrangements so that I did not have to appear for a medical examination.  That was a lie.  She told me that my failure to appear was considered an act of bad faith and that as a result my case was in imminent danger of being denied. 

    Binder & Binder has a vested interest in  this I think.  If your case is denied and goes to the appeals level, it takes longer and if you get approval your back SSDI pay is larger and they therefore maximize their cut.

    So take care!

  • Shaq667

    I received an award letter saying I’mapproved for ssi. Now ssi is telling me that was wrong and my case is pending. I called back today they are saying I’m denied. Has anyone ever hear of this and if so, what should I do??

  • http://www.Planet10Tech.com TomaszStasiuk

    That’s very frustrating. Especially since you don’t know what happened. Hopefully the denial letter will give you some idea of what happened. The denial also lays out your appeal options. If SSA just denies the claiming stating you are not disabled, you can still appeal to the next stage (either a Reconsideration or a Hearing — depending on your state). You can also appeal if there was a different problem. But, it all depends on what the denial says.

  • Milton Nessa

    I have a question about my case i was once a ward of the state and i have never had a real job just odds jobs like McDonald domino’s telemarketing hair dresser i receive my earning statement at the end of the year and it says i got have my credits to retire and i am only 31 so that’s good but my question i applied for ssi and disability i gave them all my medical records since 2001 they sent me to the consultative examination and they said i have ptsd now i am wondering how long will i hear from them since to me it was going pretty quick the claim cause i filed in July and its September and had my examine so how long now before i know

  • Milton Nessa

    and i also wanted to know can you get advisability for such a diagnosis for ptsd and the fact that i was with the state which caused my ptsd. When i filed and did my phone interview she asked me haven’t anyone tried to file these benefits for you in the past i said i don’t know i was a ward of the state in the age of 21 and realized that i cant make it out here on my own i have nightmares about the things that happen to me in the so when i went to the examination the lady said i have ptsd and i should get approved so i wonder how long its going to take. I call ed and the lady said that they haven’t got the report back but then when i call the 1800 number they say its at the field office so what should i do now

  • http://www.Planet10Tech.com TomaszStasiuk

    Once Social Security has the necessary medical records and a consultative examination report, it usually does not take very long from them to make a decision. If you want a time estimate, I would venture a guess of 2 to 6 weeks. The case worker should have an idea of what, if anything, needs to be done before the decision can be made. 

    As far as possible steps to take to improve one’s chances, that’s where getting a representative can really help. 

  • James

    I have gotten approved But I got a partially favorable decision and I got told to show up for an appointment but they still haven’t told me if I’m getting paid the norm or what or even when I’m getting back pay from or nothing. How long does it usually take for a partially favorable decision recipient to figure out how much I get and when I’m gonna get it. Help n e one lol.

  • http://www.Planet10Tech.com TomaszStasiuk

    You can read up on partly favorable decisions here: http://www.socialsecurityinsider.com/2008/06/i-got-a-partly-favorable-decision-what-does-that-mean-am-i-partly-disabled/

    If they are doing an in-office appointment, chances are it is an SSI claim. The appointment is often to go over income and assets to determine the benefit amount, and determine back benefits.

    Good luck, James! 

  • DISQUS SUCKS DICK

    Had my hearing on Sept. 1st and the judge stated I would receive a fully favorable decision in the mail. Got the decision in less than a month. The 24th is when I actually received it. I’ll have 28 months of back pay according to the judge’s ruling. Now I assume the SSA office is calculating payments and back pay, can I expect an award / statement letter and eventually a payment within 30-90 days? Is that 30 – 90 days from the date I got the judge’s letter or 30-90 days from the beginning?

  • http://www.Planet10Tech.com TomaszStasiuk

    Estimates are from the prior step. So, ~45-90 days to get a decision from the date of the hearing. ~30-90 days to get an award letter from the decision. 

    Do you prefer a different comment engine to Disqus?

  • Sweetlove333_77

    My daughter had a hearing in June 2011 she  has therthering of the spinal cord, carpal tunnel, unlar nerve, left arm loss of use 45% She could get ssi but Hubby makes to much, the judge requested she go to Mental/Ortho doc, where  the reports say on mental end Bi-polar1, Post tramtic stress ( chronic),  Obsessive compulsive disorder, Mood disorder, and borderline intellectial functioning.. Also said she can’t handle money. The Ortho put her as she could do all thing 1/3 of a 8 hr day ( whatever that means) Ortho also stated that this would last more then 12 months  THAT appt WAS July 2011, and still havent heard anything< What are the odds of her getting approved ?

  • http://www.Planet10Tech.com TomaszStasiuk

    From what you describe, it sounds like she has a case. However, the outcome depends on the records. 

  • http://pulse.yahoo.com/_HHOMFDE7GX7V2UJ34JWGQRY4EM Git some

    I recently called SS to setup direct deposit for my monthly payments. My lawyer called me and told me in may that my case was reviewed and I won. I still have not receive my award letter but the operator at the SS office I spoke with told me my first payment should begin next month. Why are they going to start the payment without the award letter? 

  • http://pulse.yahoo.com/_HHOMFDE7GX7V2UJ34JWGQRY4EM Git some

    So there is no back payment just payment from the date of hearing until one actually receives award letter?

  • http://www.Planet10Tech.com TomaszStasiuk

    Back benefits depend on the type of case (SSDI vs SSI), the filing date, and how far back the judge found an individual disabled. This goes over it: http://www.socialsecurityinsider.com/2009/04/how-far-back-does-social-security-pay-benefits/

  • http://www.Planet10Tech.com TomaszStasiuk

    Check out: http://www.socialsecurityinsider.com/2010/02/super-fast-social-security-disability-benefits/

  • Lawman16558

    I filed for SSI and SSA in 1997, the lawyer I had at the time did not do anything for me at the hearing niether did appeal withing the 60 day piriod, so I hires another lawyer and he filed a appeal for good cause, we still waiting, in the mean time I file a new application and got deined, back in august got a letter saying thet I should get a letter soon for my hearing, but nothing yet in the mean time I’ve had 4 heart attacts and was Baker Act for trying to commit suicied.

  • http://www.Planet10Tech.com TomaszStasiuk

    You’re appealing a more than 10 year old case? Sounds tricky. I’m glad you are getting help. 

  • Lisa G.

    I had a hearing in August 2011. Recieved a decision from the judge right at the hearing and then 2 weeks later on September 16th I recieved the copy of his decision as fully favorable. It is now going on over 60 days since the hearing and I have heard nothing! How much longer is this going to take? Should I contact my lawyer?

  • http://www.Planet10Tech.com TomaszStasiuk

    Well, 60 days post hearing doesn’t mean anything when it comes to processing benefits. The date of the hearing is not the significant event; the decision is. 

    While a judge may tell you what the decision will be and even enter in into the record, it’s the *paperwork* that’s important. Social Security cannot process benefits without a decision.

    You mention the decision was entered on 09/16/11. So you are 45 days from the date of the decision which isn’t very long when were are talking about average times for processing benefits. However, you are right around the time where I see benefits being paid out. So, hopefully you will see something soon. 

    However, go ahead and contact your lawyer to discuss how long it typically takes to process benefits in your area after the decision is issued. And congrats on winning Lisa!

  • Lisa G.

    Thank you! I was so glad I got the decision while I was sitting there! Contacted my lawyer today. Apparently the fee agreement that he signed was lost at the payment center and another one had to be sent. My lawyer still has NOT been paid! I am getting so angry! I hope this resolves soon!

  • freddy m

    ive been getting ssi benefits for 20 years,sense november 91 went to the ssa office on the 8th of this month and now i quilify for retirement social security and ssi. my question is, i have2 infant kids now, how far back will they quilify for, i get 424.00 a month social security one child is 30 months and the other is 15 months.i called the ssa and they said its in processing, how long should it take to hear back from them.i turned 62 in march of this year

  • freddy m

    oh yea i will start getting my monthy benefits in dec

  • Purpleb27

    I was denied SSDI twice now. The second time was admittingly done by not seeing the documents my attorney sent electronically. These docs included a letter from my doctor stating I am disabled. When I asked if they could reconsider their decision since they realized their error I was told “that is not how it works”.  So we are now waiting for a date to see a judge. In my letter explaining that it will take 9-12 months to have my day it stated they may decide my case in my favor, with out a hearing. My questions is….what is the likelyhood of that really happening?? Any insight would be greatly appreciated. Thanks   

  • http://www.Planet10Tech.com TomaszStasiuk

    I don’t know your case so I really can’t say: http://www.socialsecurityinsider.com/2011/11/i-have-can-i-win-my-social-security-disability-case/

  • Mike

    How does a politition (who stole 570,000.00) from tax payers get his ssd in 90 days and I ‘m here after almost 2 years and still waiting?

  • Guest

    You sound like an idiot who pretends to know but knows nothing,must of spent alot time in jail (jail-house lawyer)

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

    Hi Mike. I can tell by your other comment ( http://disq.us/5f3jdo ) that you are very frustrated with the system. Have you gotten a local lawyer involved in helping you with your case?

  • Doogie48084

    My freind and his Girlfriend are both disabled. he is getting full disability for  Parkinsons. He is young like Michael J Fox. They have 4 children of their own and she has 2 by a previous marriage.
    She applied and was awarded her  benefits. That was over 4 years ago. Our US senator has gotten involved. She has brain cancer and even the senator can not get the local office to break loose with the back payments or thier monthly checks.
    The local office has been playing games with them for over 4 years. They have had judgements in court that order SSI to pay up immediately.There seems to be no interest in morals or ethixs within this governmental body.
    They are wanting to take their kids to Disneyworld, but have no money. She will most likely not get to see the smiles of her children at Disney before she passes away.
    Nobody seems to care.
    They can not even afford a car anymore. They rely on family to get her to and from Doctor’s hospitals and treatments.This summer will be 5 years since she was awarded her benefits, but nothing has happened.

  • Girlsurreal1000

    What reasons could the social security agency withhold your backpay? What if you the couny pays for your medical & prescriptions do you owe them backpay when you win your ssd case?

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

    I’m not sure if I know *all* the reasons why SSA might withhold backpay. Some of the reasons include paying attorney fees, owed child support, workers’ compensation offsets, Social Security overpayments. Benefits may also be reduced/recalculated based on earnings/gifts/awards etc during the disability period (SSI claims), or periods of incarceration or treatment in a public institution (state hospital) for more than 30 days.

    Most commonly, states provide “interim assistance” for individuals applying for SSI. The individual receives some monthly cash benefits which have to be repaid if SSI benefits are paid for the same months. There is typically a signed agreement that outlines how this works. An individual can also contact their local Dept of Social Services/Human Services for more information. 

    I personally have not seen back benefits automatically going to pay county medical bills or prescriptions. That’s not to say it is impossible. It would depend on the agreement signed. Usually, medical providers hope to be reimbursed by Medicaid (SSI) or Medicare (SSDI) if available. 

  • Eric A detel

    I have been on SSD for years now i recently added my stepchildren on NOv,9th december 7th it was entered into the computer at the local SSA office and waiting on payment center, any idea how long this admin step takes? thanks -Eric

  • eric detel

    this was auxilary claim for 3 children going 8 months retro because of date of marriage to my wife(needed to be married for 1 yr)

  • Greg

    Hi. Im 36 yrs old and had several corneal transplants to my right eye in the last three years. I had to stop working due to these surgeries and filed a disability claim through SSA. After the first year I was denied and hired an attorney. Since then I had a couple more surgeries in the same eye due to rejections. My SSA hearing date was March 24 2013. They didn’t make a decision at the hearing and wanted to obtain more information from my doctor which since has been given to the judge over a month ago. My doctor still says I can’t go to work. My attorney says we have to wait for an answer whenever that will be. My biggest question is, how long does it usually take to receive a yes or no answer after three months since the hearing? My attorney isn’t really telling me anything except keep on waiting. Im homeless but staying with a family friend, Im almost completely blind and can’t work. Im on NC state Medicaid and food stamps. I even had a friend type this for me because I cant see. Any professional advice? I feel completely hopeless and lost at this point, any advice, opinions, discussions, etc. would be greatly appreciated

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

    Hi Greg,

    The average time I see in Colorado is about 30 to 90 days to receive a decision. Your lawyer should be able to get a status from the hearing office such as “the decision is in writing” “waiting for final review” or “in mailing.”

    Good luck!

  • pain in TEXAS

    I recently won my appeals in federal court for disability, I go to my last hearing in aug. do you think I will win my case

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

    I hope so. What does your lawyer think of your chances?

  • Don Streaty

    i started receiving ssi in 2008 in 2012 they switch me to social security disability because it was found I had enough credits. Okay but in 2011 I had a overpayment I started paying back a 1oo out of my check each month and had a signed agreement to do so but when I was awarded back pay for social security disability they took all the overpayment from it off the top even tho I had a signed agreement to pay it back a 100 a month. THEY EVEN TOOK ALL THE PAST SSI MONEY I RECEIVED OUT OF MY BACK PAYMENT MONEY. IS THIS RIGHT?

  • Rick Hill

    Hello lisa I have a question maybe you could help me with please I received a letter that says we need more information to decide if we can pay you ssi could you tell me if you rececived the same or know what that means thanks..

  • disqus_ivE6WglIRP

    I won my disability case but because I live with a roomate who is Male (we are NOT married or in a relashinship like that) they denied me benifits who do I get help from to get benifits

  • sky

    I just received a letter saying that they choose me to be my son payee but at this time they cannot release any payment…..and the letter did not explain why what could be going on

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

    Social Security usually sends out several letters discussing benefits and when they will be paid out. So, if the first letter does not tell you what you need to know, there is usually another one coming soon. You can also call your local SSA office for more information on when the benefits will be released. Good luck!

  • camarogrl

    I lost my hearing case..Should I start over?My lawyer isn’t that great,and the judge didn’t list all of my medications,and he said he has no weight no what my doctor says because I only seen her for 3 months because my other doctor moved out of the area,I think appeals council wont help..Please help!!!

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

    Hey, Camarogrl. It’s hard to say. Disability cases are very fact dependent; which means it is difficult to provide any kind of advice without seeing your file.

    Now, even if your lawyer did not wow you, he or she may still be in the best position to go over your options with you and discuss the pros and cons of each. You also can have someone else review your case file (which you will need to get from your current attorney) if you want a second opinion. Just keep in mind that any other lawyer will only be able to do a relatively brief review of your file.

    Good luck!

  • Evan Elam

    will i get my backpay in one lump some? do i have a choice?

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

    Hi Evan, it depends on the type of Social Security benefits. SSDI benefits are all paid at once. SSI 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/

  • latawnya simons

    Hey my hearing was November 13 2013 i called they said as soon as the judge finish my brief my letter will be mailed what is a brief? Ps i think my hearing went well

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

    I think they are referring to the decision.

  • Jay

    My hearing was in September, I received a fully favorable decision yesterday which I am pleased with. I am only eligible for SSI benefits. I also received a letter from Social Security office with an appointment day/time. Any advice on how to handle this appointment to get the maximum benefits?

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

    SSI benefits max out at $721 per month (that is the 2014 amount). The main thing that I see that reduces SSI is when a person is living rent free with a friend or family member. That can result in an automatic 1/3 reduction of benefits. However, a good faith rental agreement (even an informal one) showing what what the disabled person will pay once s/he receives his/her benefits (based on fair market value) can allow SSA to pay the full SSI benefits with no reduction. Note: a lot is up to the person at Social Security reviewing the agreement.

  • Perfekt

    I live with and sort of take care of my parents (both in their 80’s with poor health) and i’m 55. Having never been able to work because of daily vertigo for 35 years (may sound incredible but true) I applied for ssi. I have read about the 1/3 cut living with someone. will this effect me or will it in any way effect their ssi and ss benefits?

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

    Yours? Possibly. Theirs? If they are in their 80s, they are probably on Social Security retirement, not Social Security disability, nor SSI.

  • Perfekt

    Yes they both receive a small ssi check.

  • Mike Joseph

    I was awarded for SSID and found disabled. I was given a lump some minus attorney fees. SS kept an extra 8k that I think is being held if my attorney applies for extra payment for expenses. I received the award about a month or maybe a little longer ago. What do I do about this money? How long will they hold it? I got the law firm after I was first turned down. I have all my medical records and sent it all to them. I can’t see them having much as far as expenses or extra expenses. Any idea how long it will take to get the extra money they kept back? Haven’t read of this happening to anyone else. They paid the attorney/firm their fee why are they holding that much money of mine?

  • Tiffany

    Do you have any idea what happens during the “editing” stage of the process? My mother’s attorney stated that “it” had been sent to “editing.”

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

    The decision is a 6 to 12 page document reviewing the evidence, testimony and how the judge made his or her decision. The ‘editing’ stage is just that, editing a fairly long document to make sure it explains the judge’s position in the case.

  • Tiffany

    Ah, ok. Thank you so much for your help. :)

  • calvin

    I was sent a paper for supplemental. Apointment for benefits

  • Phalisha

    HELLO, I RECEIVED MY SECOND INSTALLMENT ON NOVEMBER 25 2014 SO WHEN WILL I RECEIVE MY 3 INSTALLMENT WHICH WILL BE THE LAST OF MY BACK PAYMENT FOR SSI

  • http://www.stasiukfirm.com/ TomaszStasiuk
  • cableman1377

    I received a fully favorable decision from SSA ODAR. Now I call and they say it is up for quality review. What does this mean?

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

    A quality assurance review someone gets to second guess the judge’s decision and maybe the decision will stay favorable and maybe it wont. If you have an representative, get in touch with him or her.

  • Troy R

    I have major medical issues,I am in my fifth appeal I think its quality review board its been three years wait,zero income,now review board its been about a year with them any quess at all how much longer also maybe its best to re apply,I have exausted any and all resourses

  • jaylee

    once your told your approved for backpay and open account like they say can they say oops you get no money

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

    Social Security can reduce benefits based on a prior overpayment of Social Security benefits, tax debt, unpaid child support, workers’ compensation offset, period of incarceration during the disability period, among other reasons.

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

    I’m not sure what you mean by “5th appeal.” In many states the process goes like this. Application, denial, reconsideration request (appeal 1), denial, request for hearing (appeal 2), hearing, denial, request for review to Appeals Council (appeal 3), denial, District Court appeal (appeal 4), denial, Circuit Court of Appeals (appeal 5).

    If the Appeals Council did not deny the case, they sent the case back for another hearing, then appeal 4 would be appealing the 2nd hearing.

    Ultimately though, if you don’t know what else you can do, get help. Find a lawyer in your area to review your case and help you figure out where you are and what you can do.

  • Troy

    I appreciate the advice I had a law firm rated the best take it on as in my social security case they bailed out on me after my meeting with odar and unfavorable desicion was made so I went at it alone I can not afforrd lawyer sold all I own,borrowed all I could,my law firm says if I still win they get money sad,

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

    If a lawyer/firm drops a case after a denial because they no longer want to pursue the case, and claimant continues to pursue the case, and wins, the lawyer/firm does not get paid.

  • Troy

    Open for any advice of any sorts,the appeal law firm dont take cases by just words alone we all know that they took my appeal on bu facts facts alone slam dunk what I hear ,may be wrong its been a while but when I was seeing ALJ and vocational work specs both told me I can never work in todays job feild but still got unfavorable sure I missed alot of my medical appointments and co pays on meds ect had zero income zero,period ,health as i new is worse still trying though ,rescue mission wont accept me,18 plus meds,labs,GI,Primary,Infection specialist,and so much more to stay alive is overwhelming got more zero then before,better medical Insurance ,just got med-cal thru covered california,helps maybe thats a sighn help is here huh went to social security office still pending any way any advice thanks also sad being on this side a cripple worlds different.

  • Troy

    As in the law firm yes I find that weird they say ok its your turn u do the last battle if ya win we will be back later ,also want me to sighn paper not sure,also they sent me half of what was submitted odar medical records and the firm must off been overconfident at ALJ hearing because they on submitted partof the half med recs they should off sub all that was there all that was on record and legal so iI just dont know .

  • Troy

    I contacted a lawyer one I would have to pay u know free consultation,wow,they or she just looked thru a few pages of my medical records ,said well theres around 8 alone I see would get you on social security.then the price came I left.r

  • Troy

    Just throwing out some long awaited issues maybe I will get a few awnser,s maybe not but one things for sure I feel better because I already got a couple of much needed awnser,s I appreciate it.

  • Troy

    I have path to health welness here in california,use to have cmsp welfare so path to health got me 75 percent of my meds other half is otc over the counter I get zero of those,anyway a few days ago I get a letter in the mail says covered california med-cal is that med-cal and is it a sighne that just maybe since 2011 I may get help.I was in a coma and so much more almost all the way thru 2011, hospital sighned me up for social said I was done.

  • Troy

    If I am on medical real med-cal then I may very well just go into a convelesent hospital some sorts get my health and strenght up so I can better deal with all this and have a way better place to live,

  • Troy

    My current medical insurance would not work med-cal will.

  • christopher

    Hey there, I am a few questions as I am getting extremely worried I may have been denied, I have been denied twice.. and had my hearing, which I did have a lawyer for since my first time denyed. It has been nearly 30 months since my first denial. I had my hearing in front of the judge ago, and my lawyer said I did really good with all the questions, the secretary on the other side said that “no,there is no past jobs or future jobs I would be able to do with my disablitys. Okay well.. I had my hearing in front of the judge nine weeks ago, well TWO weeks ago the judges secretary contacting me via email saying something like, my case was being reviewed over by some attorneys “to make sure all the laws are right”.and she said this would only take 2 weeks, so I should be expecting some letter VERY SOON, but I am having horrible doubts, any knowledge of advice on what that might mean for my case?

  • Lori Sechrist

    i called social security this morning, and they told me the regional center made a decision on july 1st 2014, what do they mean they made a decision on july 1st 2014, i was told at my hearing on june 20th 2014 that i was fully favorable. and how soon should i expect my award letter after the regional center made a decision?

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

    The hearing judge decides if a claimant is disabled but not what benefits may be due. After the decision the case goes to a processing center (in SSDI cases) to determine the amount of back and ongoing (monthly) benefits. The award letters usually quickly follow the decision by the payment center.

  • Amy

    My husband was won his hearing for a closed period and we found out on July 1st. An amount was listed when we called Local SS office but they still have to take out for lawyer and workers comp. We also set up for direct deposit. Is it safe to say we will have something by the end of July?

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

    Done and cash in hand in 30 days? That may be a bit optimistic.

  • Amy

    What is more realistic? We have already set up a meeting for my daughter because she was awarded also and that is at the beginning of Aug. Would the middle of Aug be more realistic? We were told the attorney fees have been deducted but the comp offset has not yet.

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

    Your attorney is in a better position to estimate processing times in your area.

  • Amy

    Ok, thanks!

  • Mysodycan

    I absolutely cannot believe that one who applies for SSI or SSD has to wait perhaps years to get a decision & cannot collect cash assistance from the state of PA. I met a woman who clearly is disabled & was being evicted from her apt who has been waiting a year all without any cash assistance. She has no family whatsoever & friends have been paying her rent for her until recently because they cannot do it anymore. She gets $189.00 in food benefits a month & medical….Where is she to go without cash? I am sure there are many more like her. It is an atrocity especially because when I contacted the welfare office via the web site the first thing they say is how they are ‘dedicated’ to helping those in need. To bad they only help if one is pregnant or have children. This lady doesn’t have anyone. I have taken her in my home but, I can’t afford to support her financially….What is our world coming to ?

  • Nadine

    I just called caseworker, he said he closed my case and i should receive letter in 2-3 weeks. Can not tell me over the phone if approved or not. Is this a good sign or not?

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

    Neither. Can you tell what the outcome is from what they told you? I can’t either. SSA doesn’t let on what the decision is, so just knowing there is a decision isn’t a good or bad sign. It just means the decision is on it’s way.

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

    If a claim really is obvious, it shouldn’t take years. Social Security can and does approve clearly disabling cases.

    But here is the information you may be looking for: it is possible to speed up a case for dire need: http://www.socialsecurityinsider.com/2008/10/speeding-up-a-social-security-case-for-dire-need/

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

    Hey Nadine. I edited the earlier reply. Re-reading it, it just sounded grouchy and that wasn’t my intention. You have been through a lot. I just meant that there was not enough information to tell what Social Security intends to do. All my best!

  • Nadine

    No need to apologize – I did not take it that way….It’s just been a long hard road and I want some light at the end of the tunnel. Thanks for your input.

  • Nadine

    If I go on-line and log in on Social Security will it show my approval or denial letter???? Thanks for your input

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

    Once the decision is entered, it is available online through the Social Security appointed representative ERE system. However, only representatives who are signed up with the ERE system have access. So, what this means is the attorney, or non-attorney rep, may be able to get the decision online once it is submitted. But that is only for the final decision, not a draft or pending decision (so it isn’t a sneak peak). Since the paper decision arrives around 5 to 10 days after the decision is entered, the only benefit is being able to see the decision before the paper copy arrives. And because of the security hoops SSA imposes, it’s something of a hassle to keep checking the site to see if a decision has been entered. Representatives will do it, but often only if asked.

  • Debbie

    Hi Tom,

    I applied for SSDI back on Oct. 2011. I have gone through two denials and a hearing before a ALJ on June 5, 2014.

    I called the ODAR office yesterday and the person there said my record is closed that my paperwork has been sent to a central printing center and that I should receive my letter and lots of paperwork in 5-10 days.

    What is the difference between a central print facility and a central processing center? I was confused and was hopefully looking for that key word, “processing center” as I’ve read where you said a denial does not go a processing center. But was confused as to what a central PRINTING center is.
    Please give me your thoughts…

    Thank you,

    Debbie

  • Nadine

    Again, Tomasz thank you for your wisdom, I guess I just have to sit tight and wait. Again, many thanks

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

    Printing just mails out the notices. Processing processes SSDI benefits if a case is approved (SSI benefits are processed by the local SSA office).

    In Colorado, it takes about 10 days to get a letter from central printing. The notice may be dated the 1st, the postmark is often dated the 5th, and the letter actually arrives on the 10th. In short, it take a while to get things from central printing.

    However, if a decision is issued (and it is issued if it has gone to printing), there is an electronic copy in the file and your attorney should be able to log in and get the decision. That can save a claimant some time waiting for the letter to arrive to see whether SSA has approved the claim or not. Good luck Debbie!

  • Debbie

    Hey Tom,

    Thanks so much for the info. As you know this is all so stressful.
    I am 58 years old and have worked all my life with a creditable work record. I will soon be 59.
    I was diagnosed with degenerative disc and facet disease of the entire spine now back in 2002. Of course it has progressed over the years and I have slipped and herniated discs and spinal stenosis and lateral recess stenosis. I take pain medication, muscle relaxers, anxiety meds, and shots every 3 months as the pain is awful. As you know the pain medicine makes you groggy and hard to concentrate.
    My doctor of 25 years completed a favorable RFC form for me. I also had X-rays, MRI’s along with my doctors notes to confirm the info on the RFC form.
    I have worked in an office environment my entire life and as a second job at times I worked at a deli in a grocery store. So my limitations are very limited as is on my RFC form.
    Although the ALJ that did my hearing has a very low percentage rate on approvals, I’m in West Virginia, my attorney said I won my case.
    But of course there is a slight shadow of doubt with his low percentage rate on approvals.
    It’s now been 45 day’s since my hearing and the ALJ has made a decision.
    What is your opinion as an attorney on my case. Do you think it’s a favorable outcome based on the info? There was also a VE there that said there was no jobs for me.
    Again thank you so much, this process truly takes a toll on a person.

    Thank you,
    Debbie

  • lofasza

    I got a letter form the division of disability determination. I am sending it back to them un opened and giving my house away to a family member and walking into the desert. My condition is not going to improve and I also do not want to deal with the garbage that the SSDI is.

  • lofasza

    Approval letter means you have been approved to wait longer and approved to deal with more screw ups and mistakes.

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

    From what you describe, it sounds good. I can’t make an real opinion here. I haven’t seen the file and I wasn’t at the hearing. But, I really don’t see any reason to doubt what your attorney is telling you.

  • Debbie

    Thanks again Tom for all your help. You’ve really taken some pressure off my mind.
    Have a great work week!!
    Debbie

  • Diane

    I applied for my son back in april for ssi because he is disabled well he was denied so i appealed the case and he got approved…now its july 2014 and i just had my phone interview this past monday.. So now im waiting for the award letter and i was just wondering when and how long will it be to recieve that letter.. I am in north carolina.. Thanks in advance..

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

    It shouldn’t be to long assuming there are no complications. Sometimes the state needs to be paid back for benefits they paid out. Otherwise it may be a few weeks.

  • Diane

    I havent recieved no payments as of yet..will they go back to april and do back pay??

  • Diane

    Another question i have is that my daughter already is recieving ssi and she gets 721 a month… So will that affect my sons and will he recieve the same amount??

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

    The maximum SSI amount for SSI is $721 per month – .
    http://www.ssa.gov/oact/cola/SSI.html. Some states supplement that amount – http://www.socialsecurityinsider.com/2008/10/will-my-ssi-benefits-continue-if-i-move-to-a-different-state/. But the amount can also be reduces if there are other sources of income.

  • http://www.stasiukfirm.com/ TomaszStasiuk
  • Diane

    The only income i have is my daughters ssi a month.. Will that affect my sons allotment??

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

    There are too many factors involved. I never guess at what benefit amounts will be.

  • Diane

    I have a quick question if my son was approved on july 17 will he get a check for that month and In august??

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

    Approximate processing times for benefits range from 30 to 90 days after the decision. If a person is approved mid July, I would not expect benefits would start by August. It’s possible, but I would not count on it.

  • Diane

    Thank you..

  • Lori Sechrist

    this is 7/27/2014 and still have not gotten my back pay or the award letter yet, so right now 7/29/2014 will make 4 weeks. do you think it should come anyday now? i called them and the lady said that my letter should be coming anyday now, but still not sure what to think, my house goes into foreclosure by the end of this month, and i called my attorney and she just said i think it will all work out. not sure if she had gotten paid or not yet. but is making me very nervous cause there is only 4 days left of this month.

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

    Keep in mind the letters arrive about 10 days (at least out here in Colorado) after they are mailed from Maryland. However, with direct the deposit, the money will appear as soon as it is put in by SSA. So, keeping an eye on the bank balance is often what counts.

  • worriedsick

    I went to my hearing in april and was told my the alj that she was going to approve it. Even tho i still havnt received my awards letter i was told i would more than likely qualify for ssi but only for a short while until my ssd was awarded. How will this work? Also how does the hearing office send my info after the alj has signed it to my local office and ssd? Do tgey fax it or mail it?

  • worriedsick

    I had my hearing in april. The alj said at my hearing she would approve me. Its been over 90 days and its not in final editing with the alj. Its been at that point for a month now. I was yold by ssi i would more than likely qualify gor ssi until i received my ssd. How does thaf work? Also how does the hearing office send my stuff to my local office and the ssd office once the alj signs it? Do they fax it or mail it or how does that work? Its been a long process and ive had to cancel cancer app bc i couldnt afford to go. School starts next week and im a single mom and worried sick. My son has always had everything he needed for school but this year i dont know how thats gonna happen. Last year when school started i still had money in savings and 401k but thats long gone and i can barley keep my head above water.

  • worriedsick

    I just noticed that your not in alabama so you may not be able to answer my questions and i totally understand.

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

    The hearing office is part of the Social Security system and they are tied into the same computer systems. Once a decision is inputed into the system, the local office can get to work on processing the SSI benefits.

  • Sleepless

    I’ve spent many sleepless nights reading your replies so I know you can’t really help me. I guess I’m just releasing stress…I had my hearing in front of the ALJ about 2 weeks ago. I suffer from Lupus(SLE), Fibro, PTSD (from a violent sexual assault) & panic disorder with agoraphobia.and severe photosensitivity to uv rays. Of course many other health issues go along with my lupus. The ALJ started the hearing by asking me if I’d lost a lot of weight. I’m not sure how she knew but I’ve lost 80 pounds in about 7 months. She seemed concerned about that. She asked me many questions. The VE said no to past work & yes to first set of hypothetical questions. The ALJ asked numerous other hypos after that & all were answered by no. The ALJ smiled & said I would receive her decision in 4-6 weeks. My lawyer felt my answers were accurate with my medical records, but says I only have a 50/50 chance because I’m 35 years old. The lawyer also said she had never seen a judge “do the lawyers job for them” not sure what that meant…
    My psych dr sent in a great medical source statement in my favor so hopefully that will help. I’m hoping for the best but expecting the worst. My ALJ has a 29% approval rate. Any thoughts about any of this? Thanks for reading!

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

    The approval rate is disappointing, but all the other descriptions make it sound good (especially your comment that the lawyer said the judge did all the work for him/her). That is usually a very good sign. Good luck!

  • Sleepless

    Thanks for your reply. I found out that the ALJ made a decision the day after my hearing. I’m not sure if a quick decision is good or not. KY requires ALL decisions to go through a decision writer regardless if it’s approved or denied. It’s killing me knowing a decision is made, but I’m still waiting.

  • bam bam

    I have a lawyer at thr hearing on july 15 ,2014. The judge found me disable at that time. How long would I get the AJL letter in the mail ?

  • bam bam

    Can you be on ssi and also be someone payee representative ?

  • worriedsick

    I called the ss hotline today and they sent a letter to the hearings office stating my case has been with them over 90 days waiting for a decision. He said they would contact me within 10 days letting me know exacalky what was going on and the complete statues of my decision. Whatt are your thoughts on that?

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

    In a prior comment you mentioned you have a lawyer. Have him/her call the hearing office to check the status. You may not like the answer (mostly because it wont be very specific). Lawyers and hearing office staff often have good working relationships and can find out if there is an unusual problem delaying the decision.

  • worriedsick

    i have ask my lawyer more than once aftedays were up to check the statues for me. i always speak with his asst and her reply is always the same. ” I cant tell you anything or check anything until the decision is done” she wont check for me. so i called over two weeks ago and ask for my lawyer himself to call me bc i cant get anything out of her. not only do i want the statues but i also wanted someone to explain to me how the ssi would work bc i wasnt aware that we applied for both and ssd told me i would recieve some ssi for the months i didnt receive ssd. I am disabled due to domistic voilance and the guy who broke my back is now in prison and responsable for all medical bills. Ssi told me i would qualify for medicade for a very short time and that they would back up and pay all medical bills. I wanted to know how that would work or what i needed to do since he is responsible for all my medical bills. I understand its a long process and im 25 so there is alot i dont understand about ssi or ssd bc i hadnt planned those to be my future.

  • Lori Sechrist

    ok thank you Tom, i just didnt really know how long it has been taking indiana people to get their back pay, after being approved, couldn’t find anything on it.

  • tina

    Hello, can you please tell me, what kind of items will be deducted from a closed period settlement: i.e. back taxes, workers comp that already accepted a reimbursement payment from a past law suit, food stamps, or state funded insurance during the closed period?

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

    Common items are back taxes, overpaid Social Security benefits, back child support, state interim assistance, some private long term disability benefits, and workers’ compensation offset. However, Social Security will have to figure out the actual deductions applicable in the particular case.

  • Brandi

    Did you receive it yet Lori. Im praying for you.

  • http://113tidbits.com/ tony greene

    see ya

  • http://113tidbits.com/ tony greene

    Fully favorable with onset date of 7/1/12…any idea as to how many months I may be entitled too. BTW just recvd FF letter today..8/15/14.

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

    Assuming there is no attempted return to work, period of incarceration, period of hospitalization, you need to know 3 things to estimate the number of back benefit months:
    – type of Social Security (DIB or SSI)
    – protected filing date
    – Social Security approved onset date

    You provide the SSA approved onset date, but not other two.

  • http://113tidbits.com/ tony greene

    Letter states enough work credits approved and claimant has acquired sufficient coverage to remain insured thru 12/31/17. Nothin on letter in wording ” protected filing date”.

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

    “Sufficient credits” means it’s a DIB case. That give you 2 out of three. The decision should tell you the PFD (when you filed for benefits). Once you have that, you can figure out how far back SSA can go: http://www.socialsecurityinsider.com/2009/04/what-is-the-5-month-waiting-period-in-disability-insurance-cases/

  • http://113tidbits.com/ tony greene

    Sorry to take up so much of your time but will my dependents figure into any of this as well? Spouse hasn’t worked, 1 pf my four children were killed in 1/14. Will any benefits for children and unemployed spouse figure into any of this?

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

    No problem. There are auxiliary benefits for spouse and kids under certain circumstances: http://www.socialsecurityinsider.com/2010/01/what-are-social-security-auxiliary-benefits/

  • Huggs

    my friend has a medical condition that qualified her for full disability 8/1/2012. Unfortunately she did not have enough work credits, so she was awarded nothing. She was also denied SSI benefits. This is the month that Medicare kicks in for her or suppose to anyway. Since Medicare payments are taken out of the SSD monthly I do not believe that she will receive Medicare, which she needs for her medical condition. She only receives SNAP and no other benefit. She was basically living on the streets until I made her come live with me. She does not work at all. I do not work because I am also 100% disabled. What should we expect? Medicare with us paying the $600 or so a year for coverage? Or nothing again. Thanks for your reply

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

    I understand why she was denied SSDI/DIB if she did not have enough work credits. Fortunately, SSI does not require having enough, or any, work credits. However, as a “program of last resort” SSI does consider any other sources of income. Why was your friend denied SSI if SSA decided she was disabled?

  • huggs

    DCF told us she didn’t qualify for Medicaid because she didn’t have any children under 18 living in the home, she was not pregnant and she does not have end stage HIV/AIDS. Supposedly SSI goes under the same qualifications in Florida as Medicaid benefits. In Florida, if Medicaid denies, they deny SSI. She does not have any sources of income whatsoever. She just filed for SNAP again, for qualifying, and once again we have checked the Medicaid and SSI boxes. We’ll keep checking these boxes until someone hears us. I don’t know what else to do. My disability only goes so far.

  • huggs

    PS – Colorado Springs is beautiful. We were there 2 months ago to move my army kids home for good.

  • Odeezy Liita

    Tomasz,

    I was approved by the ALJ and mailed my Fully Favorable decision letter 40 days after the hearing. I am only eligible for SSDI as I am a disabled veteran who is 100% service-connected. I do not have representation so I don’t owe any fees, and don’t owe anything to any other agency. I am eligible for 2 years of back pay and 10 months of retro. It’s been 31 days since receiving my ALJ decision letter, SSA keeps saying my claim is at the payment processing center and to not call them back until 60 days. For some reason I feel like something has gone wrong and I’ll NEVER get paid :( … I know I’m just catastrophizing but that sure is how it feels after dealing with the VA & SSA for over 3 years now.

    My question is, how much longer do you anticipate before they release the payment? The local SSA rep said that they hadn’t “started on it yet” when i spoke with her the other day and to call back if i hadn’t received anything within the next 30 days. I was born in a different state than the one I’m currently in, which is on the other side of the nation…so does that take longer…even though everything is supposedly electronic??? Will i get a lump sum payment AND THEN start getting monthly benefits…or will i start getting monthly bennies and wait another 60 days for backpay???

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

    I wouldn’t worry. Getting the DECISION is the hard part. Everything after that is automatic (usually). If SSA is saying they haven’t gotten to it, well, that sucks, but it is not necessarily a bad sign. Take it at face value. It may just mean, they really have not gotten to processing the benefits. I tell most of my clients that it will usually take anywhere from 30 to 90 days after the hearing decision to get the benefits started. If you are at day 31, you are just at the beginning of when you might begin to expect benefits to be processed. SSDI benefits are processed by a regional payment center and they handle both back benefits and ongoing monthly benefits. Usually, both are released at the same time (unless there is some re-payment issue or other problem). Hang in there and make sure SSA has your current address AND the the right bank account info for the direct deposit.

  • anna

    What If I been fully approved and am awaiting my back pay,can I move out of state and receive the allocated amt?

  • http://www.stasiukfirm.com/ TomaszStasiuk
  • anna

    Thank you for your quick response. I mainly want to know if my back pay will remain the same since Florida has more contingent protocols. Moreover, I sent my rental agreement (for proof that I need the higher income to live). Consequently, they stated I was awarded ($634). Is it too late for reconsiderationrecalculation?

  • vincent

    i lost my old w2’s and pay stubs, iv’e been out of work since 2007, what do i need to do? if anything, the alj judge awarded me ssi

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

    After the judge decides is a person is disabled, benefits have to be processed. Social Security will be in touch if additional information is needed.

  • jay

    hello I was wondering what does it mean when your claim status says hold is that good or bad. When they say a decision has been made but claim status is on hold

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

    That is one I have never heard before.

  • George

    I just Received a notice About my SSI Estimated Earning and SSDI estimated Earnings does that mean that i will soon be approved or i have been approved?

    Estimated Benefit at Full
    Retirement age (66 and 4 months):

    $1,904 a month

    View Estimated Benefits

    Last Reported Earnings:

    $161 in 2012

    ——————–
    Disability
    You have worked enough credits to qualify for disability benefits.
    If you become disabled right now your estimated payment would be:

    $2,057 a month

    View Earnings Record

    George

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

    That sounds like a Social Security Earnings Statement. 2 sheets, front and page, 4 pages total, the part quoted in on page 2?

  • George

    i applied for SSDI using the QDD and each time i call SS office they say that my application is on QDD(Quick Disability Determinate)it has been like this for over 4 months and 2 weeks now and they keep saying the timing is 4 months few days back they said they were sending me a letter for CE does it mean i will soon be approved?

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

    It means SSA cannot make a decision on the evidence it has, and wants you to be evaluated by one of their doctors. The outcome will largely depend on what the CE says. http://www.socialsecurityinsider.com/?s=consultative+examination&submit.x=0&submit.y=0

  • George

    I applied for SSDI and it on In QDD now i have been schedule for CE,If i pass CE how long is it going to take for e to receive a hearing approval or denial

  • anna

    Thank you for your read. I did receive check for $634 yesterday(for Sept. 1st). But, S.S.A. told me their reconsidering the amt due to proof of rental agreement and monies owed for past two years for rent etc. Is it still possible they’ll retro the ($336 difference) for Back Pay & for this first check $634.? Calif. monthly max is $970.
    Thank you for your wisdom and swiftness.

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

    Are you at the hearing level or the initial decision/reconsideration? Frankly, I wonder if this case is would still be in the QDD fast-track process if a CE was scheduled. I could be, but I wonder. At the initial/reconsideration stages, it might take 30 to 120 days (1 to 4 months) after a CE to get a decision. At the hearing level, it depends on the average waiting period for that hearing office and when the appeal was filed: http://www.ssa.gov/appeals/DataSets/01_NetStat_Report.html

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

    So, it sounds like they applied the 1/3 reduction first (read up on the 1/3 reduction rule here – plain English, I promise! http://www.ssa.gov/ssi/text-living-ussi.htm) and now they are reconsidering that and may put the 1/3 back in.

    That could include the back months (which could significantly increase the amount of back benefits). However, you know what they say about counting your chickens….

    Colorado doesn’t bump up the SSI amount beyond the federal benefit rate, so I don’t know if the additional money from the state would also be retroactively applied. It would make sense if it were increased. However, I don’t know because I don’t see that here in Colorado. Cheers Anna!

  • anna

    California allows state supplemental check not to exceed $970. (So I’m short $340)? Problem now is that I’m being asked to go to s.d. to take rental lease in person)and I’m in Florida this may delay matters. I wanna end up transferring here but I was told to wait! I’m sad, mad & very confused! I just do not wanna lose out on Backpay (24g’s))

  • Anna Ruiz

    Do you know if it’s mandatory to show up in person at SSA office with verification requested by the SSA for your final reconsideration of your amount/increase &/or denial to your Federal SSI monthly amt.? What are the exceptions. I’m in a different State with friend with Leukemia for a few days. I’m scared too even tell them that! Please help someone if you happen to know. Thanks so much.

  • Anna Ruiz

    I’m speaking about the (additional)State Supplemental check that yes some States do not offer. Thanks anna.

  • George

    do i have to wait for SSA to refer me for CE or i have to request for it as i have applied for 5 months now and not CE referred

  • tina

    Hello, I got a fully favorable desicion for a closed period (cp). I was wondering how they pay this type of claim. I saw that back payments are broken up in 6 month payments for people receiving on going payments. Does the same thing apply to CPs? Also is the timeline for payment of CP settlements the same as back pay?

  • tina

    I ment to say thank you

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

    In my experience, back benefits are paid the same way in closed period case as in an “on-going” disability case. So, SSA still splits up back SSI benefits and pays those in installments.

  • tina

    Oh I was hoping you wouldn’t say that :( oh well it is what it is. Thanks for the response.

  • tina

    Although I am not getting on going payments im not disabled anymore, is it still the same?

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

    Whether Social Security uses installments for back SSI benefits depends on the amount of back benefits http://www.socialsecurityinsider.com/2008/02/i-won-my-ssi-case-now-they-want-to-pay-me-in-installments/

  • tina

    If you are ineligible for SSI benefits and are likely to remain ineligible for the next 12 months (for example, if you are only entitled to back SSI benefits because you are also receiving Disability Insurance benefits under Title II and the monthly amount exceeds the monthly SSI benefit payment. 42 U.S.C. § 1383(a)(10)(C).
    If I understand this correctly, it say if I am not going to receive ssi in the coming year I’m exempt from the payment policy. Correct?

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

    The installment payment of back benefits only applies to SSI back benefits. SSDI (aka Title 2, DIB) back benefits are paid outright.

    If a person is not eligible for SSI, the SSI installment payments are a non-issue (because the person isn’t getting SSI).

    HOWEVER… SSI and SSI benefits are processed separately and at different offices. Sometimes SSA processes SSI benefits first, pays those, then figures out that SSDI benefits would make the individual ineligible for SSI, This results in a reduction of the SSDI benefits (by the same amount paid in SSI benefits). This situation could result in the application of an SSI installment plan, and also reduction of back benefits to pay back state interim assistance benefits (which are paid only out of SSI back benefits).

    I don’t have a solution to this though.

  • tina

    Lol well they make it as clear as mud, don’t they. Thank you for your help, you a great resource, I have looked all over the web and found nothing definitive.

  • Amelia

    Is it possible for someone to be determined eligible for SSDI based on a mental disability but then have a lawyer later have that changed? Would there still be a record of the initial disability if that is possible to change? Or if they were initially approved for a mental disability but then later try to claim they never had said disability i.e. bipolar, is that fraud? Thanks.

  • Alizah

    Hello Tomasz,
    My SSDI case was sent to the Appeals Council 14 months ago and I have called to check the status and I was told that it is “pending”. I have sarcoma (cancer) which I grow tumors in my hands and I have had numerous surgeries to have the tumors removed which has left me partially paralyzed and disfigured in my hand. Well I am a classically trained pastry chef and using my hands is what I did for my livelihood. In my AJ decision the Career Specialist said that I could still work but they were not present at my hearing so can they influence or have input on my decision?. Also, I have developed more cancerous tumors in my other hand and I am in the process of getting treatment. Should I send my medical records that contain my new medical treatment and diagnosis in to the Appeals Council? and will it help my case favorably?. How long can I expect to continue to wait for a decision from the Appeals council?. Thank you for answering all of my questions.

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

    Hi Alizah. You have a lot of questions pertaining to the specific circumstances of your case. If you don’t have a lawyer involved, I encourage you to talk to someone in your area. One service that can help you find a qualified attorney is http://www.nosscr.org/helping-you/referral-service

  • MsTy

    Hi Tomaz,
    I recently had a hearing on 9/4/2014 and already the judge has sent my file to the local office from which it originated. So when I called the local office the status is pending……what does this mean? Is there another decision to be made after leaving the ALJ??

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

    The local office usually does not want to disclose the decision. However, yes, there is still more to be done after the the judge’s approval. Take a look at the post above.

  • Amelia

    Ok I will try asking this again b/c I don’t know if I didn’t something incorrectly the last time…

    Is it possible for someone to be determined eligible for SSDI based on a mental disability but then have a lawyer later have that changed? Would there still be a record of the initial disability if that is possible to change? Or if they were initially approved for a mental disability but then later try to claim they never had said disability i.e. bipolar, is that fraud? Thanks.

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

    I encourage you to speak to a lawyer in your area to address your specific concerns.

  • Amelia

    ok thanks. I am just trying to find answers to what is and isn’t fraud at the moment. I thought someone might know here. Thanks!

  • jayw

    Had a hearing on 9/11 bipolar with type 1 uncontrolled l5 s1 back injury 40 yr old be said no work in economy to judge and then to attorney have 6% permanent back injury and couple othermental things wats my chances thanks