Is a long wait after the Social Security hearing a bad sign?

I had a disabilty hearing a lil over 3 weeks ago and called the SS office and was told that it has been assigned to a lawyer for the letter writing process…Since it seems they made a decison already does this look favorable for me getting my disabilty?

No idea. Without knowing more there is no way to tell. If you have a lawyer, ask him or her about it. However, one thing to keep in mind is that if the ALJ is sending additional questions to the Vocational Expert, the claimant (or the attorney) should be able to provide cross-examining questions as well. In my experience, the Judge send claimant the questions the he wants to ask and offers the opportunity to add questions.

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

I just called for a status – the decision writer only had my file for 7 days..my case closed 2 days ago – today marks 3 weeks since my appeal hearing….I would die if I seriously won…I was told I would be hearing something within a week!!!!

I assume you have already had your hearing since you are commenting on this article.

I can’t think of a reason why your lawyer can’t find out **any** information about the status of your case. While the hearing offices tend to provide somewhat limited status information, they will say something!

You or your lawyer can always call the hearing office to check the status. The telephone number is on the Notice of Hearing. If you no longer have that, the Social Security toll free number 1-800-772-1213 can tell you which office to call.

Keep in mind that it is best to check with the actual office (as opposed to the toll free number). I have heard horror stories of bad information coming out of toll free call centers: http://www.socialsecurityinsider.com/2008/12/avoid-bad-information-call-the-right-social-security-office/

Good luck!

I got my decision in the mail today – it was unfavorable

I contacted my lawyer again, he said he has been waiting for weeks for a phone call, he told us he keeps calling them and is not finding out any information, not even a status. Yes, we have already had our hearing, it has been nearly a year with no answer. 10 months to be exact. I called my congressman to see if he could help. Of course I have not had a call back. The ODAR office won’t give us any information because we went thru an attorney. We are very frustrated and confused

I have seen hearing offices that wont release information if you are represented: http://www.socialsecurityinsider.com/2008/12/social-security-wont-talk-to-me-because-i-have-a-lawyer/

However, I have to wonder what is going on if SSA completely refuses to provide any information. The hearing office wont even confirm if the file is still open, whether they are still working on it, anything?

Assuming the hearing office has not closed the case — which would mean a decision had been made, the congressperson’s office may be the best bet for prying some information loose.

Good luck!

thank you very much for your replies, they are greatly appreciated

Like Jennifer2u42, I too am in Oklahoma and have had nothing, but bad luck so far. While I have not waited 10 months since the hearing, the 29th of this month marks the 6 month point. I was told in January that the Oklahoma City Office took twice as long as the Tulsa Office, so I don’t know if that means 6 months or longer lol. I sure hope it does not mean a denial, but I don’t have high hopes.

My claim is for my son’s undiagnosable as well as untreatable up to this point, severe head pains. They drop him to the floor, he has had confirmed seizure activity early on, but video EEG turned up clear last year. No medicines work and we are still fighting for this. He misses tons of school due to this so in turn I can not work and hold down a job as I have no babysitter in town and no daycare wants to deal with him. They figure if he is too sick to go to school then he is too sick for daycare as well *sigh*

My lawyer called in January and they were told there was nothing done yet on the case (that is when I was also told that my local office took twice as long). I am really hoping and praying for my son to get approved, but I just don’t feel confident in this. We only have I believe one more appeal left and then there is nothing left to do. I have tried to submit multiple videos of my son during an episode (as evidence), but I keep getting told the judge couldn’t get the video because the electronic file will only hold text. This is something that really needs to be seen in person, rather than hearing me explain what it is.

Do you think if we are turned down again, and we fight one more time…should I just take the camera with me this time and “demand” that someone watch this video right then and there, since it apparently can’t be submitted as evidence?

Sorry the post is so long, I just get so frustrated with this.

Thanks in advance,
Nicole

Oklahoma is awful, I am telling you.. I had my congressman and my lawyer calling social security, they cannot get a response, it is so frustrating. we have been waiting nearly a week for a call from a supervisor. No phone calls or anything

Well he was diagnosed with seizure disorder due to him having seizure episodes and the eeg showing seizure activity, but the latest video eeg was clear. They are not sure if it is seizures when he has these episodes or if it is a type of severe migraine. That is why I say undiagnosable because we haven’t ever been given a clear answer and nothing stops it. I have described it numerous times, but I feel like they look at me and think it isn’t that bad in person. So it is almost reverse of your example lol. We had an ER doctor stare at us in disbelief when it hit, they didn’t know what it was or what to do. They were going to admit him, but since we had been through tests and had a Neurologist already they decided to send him home. The lawyer even changed attitude a bit about the claim once they saw the video, I guess they maybe thought it wasn’t what I and my witnesses have described.

I figure though if we get denied again then there is nothing to lose, may as well try to bring the camera and beg they watch some of the episodes over the years. Most people think it is just a headache, but my son can handle pain very well and these episodes drop him to his knees screaming.

Thanks for your quick reply, glad to see there is someone willing to answer our questions so quickly.

It is exhausting isn’t/ I am so fed up with the system My husband is 80 percent thru the Va, cannot work, walk or stand or sit for periods at a time, just about the only time he is comfortable is keeping his feet elevated to keep the pressure of his back. We have been waiting nearly a year for a decision. and finally I called our congressman, which in its self might have been a bad idea, you don’t want to make the judge mad, I was told, he could just say NO, if he feels like there is someone watching him

Update, a caseworker from the Congressman office called today and we are in Post Hearing Status We should find something out soon, I hope.. She has given us more information in 5 minutes than our lawyer did in 6 months.

i suggest binder and binder they will not take your case unless their sure they will win. 

I was just wondering if you had heard anything else on your case or decision? I received a letter from the hearing office and all it said was the judge was still reviewing the case and would let me know when he made a decision *sigh*  I feel like if they had said that out loud to me, it would have sounded rude lol. By chance were you in the Oklahoma City office? My lawyer is in Tulsa and they told me that my office (the okc office) is apparently the slowest in the state (lucky me).

I just thought I would pop back in and see if there was anything new with your’s, hopefully you have heard good news *fingers crossed*

Good luck to you as well,  :) keeping my fingers crossed also

okay so the paperwork is off the judges desk, finally after nearly a year and 3 months, I kid you not.. They called us to tell us a decision had been made, but were not allowed to divulge such information over the phone ( I wanted to cry).. In you experience how long does it take after going to a decision writer.. of course we are talking about Oklahoma, apparently the slowest state in the country

I was wondering if anyone can help me i had my hearing in front of a judge july 19 2011 and finally i go someone that said my file was opened for decesion with the judge oct 18 what does the mean

Hi, Pam. Decision writers draft the decision for the judge. It’s not a good or bad sign per se. It just means the decision is being worked on. I’ll keep my fingers crossed for your husband.

Hi Jen. I’m sorry the judge was rude.

Frankly, that does not make any sense to me. Social Security typically focuses ability to do full time work. There are some exceptions, particularly if they are considering an individual’s past work. For example, if a person was making $20/hour, they could reach the SGA threshold of $1000/month (which is going up in 2012) working less than full time. 

However, the “ 25% of the workforce in my area where I could work part-time with a base of $11,000″ just leaves me scratching my head. 

If you had an attorney helping you, definitely ask about this.

Good luck, Jen!

Hi there..I am new to the forum and just had a few questions. My husband first applied in august 2010 due to bieng severly injured from a car accident. He has degenerative disc disease, diabetes, titanium steel in his left hip due to it bieng shattered in the car wreck (he will have to have fullblown hip replacment surgery in 4 more years) depression, nueropothy in both feet etc…we where first denied in Jan. 2011, appealed the desicion, was turned down again in March 2011, denied so appealed that desicion , had a hearing November 3rd 2011 in front of a Alj judge, was verbally approved by him then, was told we would hear something in writing within 30-60 days but still havent heard anything . when we call the 1-800 ssi # we are always told it is still at the hearing office , which by the way is in okc, oklahoma…with this all being said why is it taking so long, when should we excpect to hear something cause this waitng thing is killing us both lol…we do have an attorney and they are suppposed to be calling the judges office this week to see what the hold is so hoping for good news…my husband has always been the one to work , me being a stay at home mom to four beautiful children, one byt he way who has epilepsy, and i cant work due to taking care of him and our children…I am keeping my fingers croosed that something comes about soon , thanks to you all for listning…… any info or comments to my post are welcomed….

I’m sorry. I had that completely wrong. My attorney said the VE said there were 11,000 jobs in my area that I could do (packing and labor). A real good example of my confusion and getting things screwed up. I guess that testimony is bad for me. I was hurt in 08 at work. Had to get surgery. Dr severed and nicked some nerves. Now I have RSD along with 2 types of neuropathy. I guess it’s kind of funny, I am left handed and the RSD is in my left limb, chest, and back. I also have slipped/bulging discs in my neck c5-c7 but I should be able to do pack and labor. I suffer from severe spasms as well as major depression. I was crying during my hearing because the judge drilled me about why I took off my coat. I was trying to keep my hand propped because of pain and swelling and he also drilled me about that. He told me that if I needed to cry I could go in the hallway because he was not going to conduct his hearing with me crying. I am still very disturbed at how he talked to me. I told him I started working when I was 13 and the last place I wanted to be was there in my condition. I told him I lost just about everything I had. He said he didnt care, it was irrelevant to my case and had nothing to do with his consideration. he said everyone has financial woes.
My medication list is as follows:
Cymbalta 120 mg daily
Prednisone 20mg 2x day
Remeron 60 mg daily
Zanaflex 2mg 2pills 3x day
Norco 10-325mg 5-6x day
Lyrica 150 mg 2x day
Lisinopril 20mg daily
Ultram ER 300 mg daily
Vitamin D3 1000 iu 2daily

hi,i had my hearing dec.12th 2011 and the next day the alj turned in his decision.on dec.20th the decision writer got my file and now as of dec.30th 2011.its being reviewed and signed off on.also the ve at my hearing said no to my past work and eliminated 3 jobs she listed off in the national economy. is that a good sign?

i have to go to a supplmental hearing.after going to a hearing in september of 2011 is that a bad thing?

I live in Buffalo, New York, I had my hearing on December 19, 2011 and still to date haven’t received anything stating the decision on my case. I have tons of medical issues. I have 2 disk bulging disk, and one hernation at L5 and S1, bi-laterial radiculopathy at L5 and S1. This causes pain down both my legs, causes pain in both of my feet to the point that I almost fall over, I have sever depression, and my therapist recommended that I don’t be in the work place due to anger issues, I have bi-laterial carpal tunnel syndrome, bi-laterial plantar fasicitis, both conditions in which I have had surgery for with No relief. I was denied my SSD from 2009, but I was told by my lawyer that the judge did fine me limited in what I could do, to top it off I have sleep apena on which causes me to be very tired most of the day. I have been given 2 different CPAP machines in 3 months cause my pressure has went up. I can barely do anything, my kids does all of the house cleaning, my two oldest daughters help me to food shop, I don’t socialize at all, I don’t visit my family at all due to my anger, I’m not afraid of hurting myself but afraid I might hurt somebody else. I just don’t understand why this is taking so long. Did I mention that I have peripheral neuropathy greater on the right than the left, a bad shoulder, and bad left knee. Can you please give me some insight as to what does it take to be considered disabiled.

Was your judge Timothy Keller. Because he was extremely rude to my husband. Sometimes these judges are jerks and shouldn’t be doing this job.

I had my hearing on July 30th and the judge said that he would look favorably upon me for benefits. I called today and was told that another hearing is going to be scheduled because they only had a vocational expert present and now they need a hearing with a medical expert. What’s up with that? Has anyone had to go to two hearings? This is so stressful.

I know. Why would he say that he was going to look upon me favorably? I’m an Ex-Airborne Ranger with many parachute jumps and the the VA even backed the findings. I wonder why the medical expert wasn’t there during the initial hearing? After all this time, I call and get this kind of information from the receptionist who looked up my status with my Social Security number. I don’t know what to do. Very disheartening after all I went through already. The wait, the hearing, and now another hearing? Wow!

I HAD MY HEARING ON JUNE 21,2012 AND I STILL HAVE NOT HEARD ANYTHING YET AND I CALL EVERY DAY AND THEY SAY THEY CANNOT DISCLOSE THAT INFO OVER THE PHONE SO TODAY I CALLED THE LOCAL SS OFFICE TO SEE IF THEY COULD TELL ME THE GUY TELL TELL ME IT’S BEEN DENIED AND THEN I CALLED BACK TO MAKE SURE IT WAS CORRECT A LADY ANSWERD AND SAID IT’S STILL PENDING ALL I CAN SEE HE MUST HAVE BEEN LOOKING AT MY FIRST DENIAL HOPING AND PRAYIN SO OMG I JUST DO NOT KNOW WHAT TO DO ANYMORE.

It’s important to call the right office: http://www.socialsecurityinsider.com/2008/12/avoid-bad-information-call-the-right-social-security-office/
The local offices may not have hearing status information. It’s best to get a hold of the hearing office for the correct info.

In my experience, when a judge cuts off the attorney (prevents further questions, closing, etc), basically wrapping up the case in less than the allotted time without giving the lawyer full opportunity to present the case, it often means the judge does not need to hear any more to approve the case. The give away is that the judge’s actions could be appealable if the case were to be denied.

Of course, I was not there for your case, so I can’t tell you if this is what happened. Talk to your lawyer about his/her impressions.

Good luck Jimmy!

Hi Joy. When a case comes back from the decision writers and is “pending,” it usually means one of two things: either the case is pending the judge’s review, or the case is pending the judge’s signature. If it is pending review, the judge may want some changes and the case might go back to the decision writers for further work. If a case is pending the judge’s signature, after the sign, it is ready to be mailed.

Hearing denials appealed to the Social Security Appeals Council often wait between 6 to 18 months for a decision. You can find more information about the Appeals Council process here: http://www.socialsecurityinsider.com/category/milestones/appeals-council-milestones/

Hi Erica. Since it has been less 30 days since the hearing, it may be a bit longer. In Colorado, I see times normally ranging between 45 and 90 days.

In my opinion, the extra evidence is more significant than the 4 month wait. Talk to you lawyer and ask if they evidence the judge asked for was obtained. Also, was the evidence helpful or not?