Is a long wait after the Social Security hearing a bad sign?
While many Social Security disability hearings in Colorado have decisions issued in 45 to 90 days, some cases wait for four, five, even six months without a decision.
I was recently asked if a long wait after a hearing is a bad sign?
I previously wrote about my experience with how long it takes to get a decision after a Social Security hearing. Many lawyers who have been doing Social Security cases for a while can’t help but notice that the longer it takes to get a decision, the greater the chances that the case will be denied. However, that is not the whole story. Here is my take on this issue.
SPEEDING UP Social Security disability benefit processing after a win
Congratulations! You have won your Social Security disability case and have been approved for SSI! You have read my article about when you should get paid. But, weeks have gone by and you still have not heard anything from your local Social Security office about your benefits.
Is anyone working on my case?
Is there anyone there?
Hello?
While some SSI cases get very fast processing (sometimes an appointment is scheduled at the Social Security office before the hearing decision is even delivered), other cases wait for more than a month with seemingly no activity from Social Security.
Here is a tip: you can actually …
How long do I have to appeal my Social Security disability denial?
If your Social Security disability case has been denied. You need to know how long you have to file your appeal. You only have so much time before your deadline. If you miss that window of opportunity, you may be back to square one.
Check your denial
The best tip I can offer if your case is denied is to check the paperwork. While there are several common deadlines, if you do not definitely know how long Social Security gives you to appeal, you may be using the wrong deadline.
The paperwork you are looking for is typically a denial. However, it may also be called a “decision,” “notice of disapproved claim,” “notice of proposed action,” or something else. The thing to keep in mind is that whenever Social Security decides something on your case, they will also tell you the following:
The appeal options. What you can do if you disagree with the action or decision.
The appeal process. What forms you need to fill out, where to get them, where to turn them in, or the website to go to appeal.
How long you have to file the appeal.
If you have lost your Social Security denial?
If you no longer have your Social Security paperwork, give your local Social Security office a call. You can also call the toll-free Social Security number at 1-800-772-1213.
Social Security should always be able to tell you the most recent decision (or action on your case) and any applicable deadlines.
Lets get down to brass tacks. Here are the most common Social Security deadlines:
My SSI benefits stopped because I was in a hospital! Why?
Here is the short answer: if you are hospitalized in a medical treatment facility for 30 days, your SSI benefits may be cut to $30 per month.
Now, here is the long answer:
You are not eligible for SSI benefits for any month throughout which you are a resident of a “public institution.” A “public institution” means an institution that is operated by or controlled by the Federal government, a State, or a political subdivision of a State such as a city or county.
As a side note, if you apply for SSI while you are a resident of a public institution, you cannot be eligible for payment of benefits (even though you meet all other eligibility requirements) until the “first day of the month following the day of your release from the institution.”
Basically, your benefits will not start until the month after your release. If you were released on January 1st, your benefits would start February 1st. If you are released January 31st, your benefits still start on February 1st. The first day of the month following the day of your release from the institution.
However, this does not include a publicly operated community residence which serves 16 or fewer residents. What is a community residence?
Retraining options if you are disabled
Not everyone who applies for Social Security wants to be on disability for the rest of their lives. Many just want temporary help while recovering from an injury and figuring out what they can do next.
There are also some cases that keep getting denied.
Whether by choice or necessity, retraining may be something you eventually consider.
Recently, I was talking with a client about the options if Social Security denies her case. She would like to go back to school but has no idea what to study or how to pay for it. It occurs to me that this is a discussion a lot of people would like to be in on.
Here are the retraining options we discussed:
How to avoid an overpayment of Social Security benefits
If you are receiving Social Security disability benefits, the last thing you want is to get a letter in the mail telling you that you owe Social Security money. I have seem many individuals with overpayment notices for tens of thousands of dollars.
So, what can you do?
Read what Social Security sends you
This may sound obvious, but who wants to slog through the brochures and letters Social Security sends? Well, unless you want to be stuck with an overpayment, you do!
Social Security expects individuals to be diligent about complying with the requirements of the benefits they receive. Social Security sends out publications when benefits begin and it is a good idea to review them at least annually. Here are two critical ones:
Roger Ebert’s new voice
I just have to post this. I know many of you will probably have already seen this, either on Oprah, or around the web. But, as a huge fan of the way technology can make a difference in disabled* individual’s lives, I just think this is so cool and amazing.
*Of course, I am not trying to say that Roger Ebert is disabled. Even the loss of speech has not kept him down and he certainly has continued to be as prolific as ever.
