31Mar

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

By Tomasz Stasiuk, March 31st, 2010 | 3 Hearings | 53 Comments

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.

Social Security approvals often result in fast decisions

Even if the judge does not rule at the hearing, a decision in an approval is often sent within the normal 45 to 90 day window.

Social Security denials take longer to be processed

In the case of denials, I frequently see cases sent out to a decision writer which adds up to 4 months to the decision process.

Why so long? There is a backlog of cases waiting for a decision writer to become available. This results in a case waiting for months after a hearing just to have a draft decision written. Note: this is before the decision even comes back to the judge for approval and/or editing. Combined with the original 90 day wait, some of these decisions are not issued for up to six or seven months after the date of the hearing.

So, if it takes more than 3 months to get a decision, it’s going to be a denial!?!

Not necessarily. While there is some correlation between lengthy decision times and denials, it is not a clear cut signal. Judges also use decision writers on cases that are going to be approved, which means even approval decisions sometimes four or more months before they are issued.

Don’t try to read the tea leaves

Ultimately, the only thing that counts is whether you are approved. Trying to read meaning into how long the decision takes is just guessing. It does not change the odds of winning or give you any meaningful information. Unfortunately, many people tear themselves up inside wondering what it means if a decision takes months to be issued.

All you can do is take a deep breath, let it out, and try to go on with your life while you wait.

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

Tomasz Stasiuk is the founding attorney of the Stasiuk Firm - a law firm devoted to exclusively handling Social Security disability cases in Colorado. Contingent fees available.

lisa miller

after nearly 4 months after going to disability/ssi court we received a letter from ssi stating they need futher info,or the case will be denied.what could they possible need to know after waiting over 2 years and going to court 4 months ago?bad or good sign?
ka518

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?
Tyrone197337

I went to court on nov3rd and it got sent to the writers less than a week later.They sent it back to the judge cause they had a question about it.so the judge is asking the vocational expert to give more details to his decession is this a good thing or a bad thing
http://www.Planet10Tech.com TomaszStasiuk

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.
Charlene

I just checked the status on my case. I had my appeal hearing on March 10th in Denver and it went to the decision writer just 2 days ago…I am thankful the judge didnt prolong my case by sending me to yet another CE – so im thankful that part is over. I was told I can call in on a weekly basis for an update..trying hard not to “read the tea leaves” is gonna be a toughie..hehe…
http://www.Planet10Tech.com TomaszStasiuk

Good luck Charlene! I will keep my fingers crossed for you.
Jennifer2u42

I posted on here, and I guess it disappeared, we have been waiting nearly 12 months with no decision, we live in Oklahoma, the lawyer we have says he has no idea what is going on. Is there anything we can do
Charlene

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!!!!
http://www.Planet10Tech.com TomaszStasiuk

Wow! Denver ODAR is moving fast! A fast decision is usually a good sign. If the case was closed you should have something in a couple days to about ten days (if they have to mail it from back east). Good luck!
http://www.Planet10Tech.com TomaszStasiuk

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!
Charlene

well im definitely excited about all this..if i win – i will be able to get surgery for both my ears to remove the cysts in them. I may able to hear in loud environments, but trying to hear in a Dr.’s office, library – or any quiet setting including the ODAR building – i am quite deaf…your site will be the 1st to know when I get the decision in the mail…thanks again Tomasz for your friendly support and all that you do for everyone else…
Charlene

I got my decision in the mail today – it was unfavorable
http://www.Planet10Tech.com TomaszStasiuk

Oh no! That’s terrible!
Jennifer2u42

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
Jennifer2u42

I would assume the answer is no after waiting this long, but still frustrated
http://www.Planet10Tech.com TomaszStasiuk

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!
Jennifer2u42

yes, it is completely ridiculous, even the lawyer said he can’t find out anything, we can’t even find a status. But hopefully the congressman can help. He called us back and we are signing a privacy statement over to him. The crazy thing is the social security office 1-800 general info number could not believe we have waited this long. I am assuming the case is open, but not sure. I know the back log here in Oklahoma is long, but this is just silly
Jennifer2u42

thank you very much for your replies, they are greatly appreciated
http://www.Planet10Tech.com TomaszStasiuk

You’re welcome. Thanks for reading and commenting!
Nicole

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
http://www.Planet10Tech.com TomaszStasiuk

In general, my opinion is that videos can help explain the medical records. However, they do not **replace** medical records in providing a diagnosis or a description of limitations. You mention that your son’s condition is not diagnosed. Your lawyer can discusse the problem this causes.

Videos can show the extent and severity of a problem. However, the risk is that it puts the viewer into the position of having to ask, “is what I’m seeing an honest depiction? Is this staged? Is this exaggerated?” . A lot has to do with who is making the tape and for what purpose.

Also, videos by their very nature risk taking a person outside of an event. For the person recording, you may be re-living the event every time you watch the video. However, it may not have same impact for someone who was not there. Videos risk loosing subtext. This is like reading a book (which provides the inner dialog and emotions) versus seeing the movie (where if it isn’t conveyed on the screen, it didn’t happen). Consider a parent talking about watching her child have a severe asthma attack: feeling his body shake, seeing the pain and pleading in his eyes, feeling his hands grasping theirs, slowly, slowly improving, then curling up next to her looking for reassurance that it wont happen again. A video of a the same asthma attack might only show a child lying still holding his mother’s hand with the breathing improving over 10 minutes and then the child rolls over. The impact is gone.

Even, if the parent tries to describe the what the event was like AFTER showing the video, it may be too late. The viewer be thinking, “No. I saw it. The attack wasn’t that bad.” While video lets a person witness an event, the viewer may loose the vicarious experience.

Let me give you an example of where a video might be useful. In the case of a child with severe behavior issues, having a teacher record a child during an outburst may be quite useful since the teacher is more impartial than a parent and the outburst occurring in a school setting is less likely to be staged. Combined with a statement that the video shows a typical outburst and the frequency and duration of such outbursts, a video like this may be useful.

What is comes down to is video can be useful, however there are risks. Ultimately, it has to be evaluated on a case by case basis.
Jennifer2u42

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
Jennifer2u42

unfortunately the judge we had, in my opinion was horrible. at one point during the hearing he asked my husband what I did for a living, my husband replied she takes care of her grandparents everyday. The judge than asked how old they were (they are in their Eighties), when my husband told him, he said, they are still young. I wanted to say something, but kept my mouth shut, than the judge asked him about his weight. my husband is just a little over weight, and my husband said due to his degenerative disk disease and knees, he could not excercise, the judge than replied, well. you could at least try/ It was a very bad hearing. it was proven there were no jobs he could do, but I still think we are getting a no, due to the fact the doctor that was on the telephone could have cared less whether he was there or not. We tried to make it a point that the medication he is on would prevent him from working. He cannot stand or long periods of time, nor sit. Or lift over 5 pounds, that is why the military discharged him. Just waiting on the NO, so we can appeal the decision
Nicole

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.
Nicole

I just spoke to the social security office they told me that generally it should only take 2 months to get a decision after a hearing, but apparently my hearing office is behind. He said he was sending over a message and I would hear something within 10 days (from the office as to what the hold up is). Hopefully we will at least get an answer, like you..if it is going to be another no then just tell us already so we can move on to the next step.

Hopefully you hear good news soon, we have been doing the social security dance for 2 years and it is exhausting!
Jennifer2u42

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
Jennifer2u42

Good luck by the way Wished I lived in Colorado so I could hire this gentlemen here,
Tomasz Stasiuk
Jennifer2u42

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.
http://www.Planet10Tech.com TomaszStasiuk

Thank you! That is very kind.
hb infamous

i suggest binder and binder they will not take your case unless their sure they will win.
http://www.Planet10Tech.com TomaszStasiuk

And that does what for the people they turn down?
Nicole

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*
Jennifer2u42

I wish I knew what was going on. We got our congressman involved because apparently our lawyer knows nothing
The only thing we know is that our paperwork is sitting on the judges desk. Yes, we are case is in the Oklahoma City office, slowest in the country apparently from what we have been told. I have a feeling our is going to be a No, just a gut feeling, because it has been so long. Our judge was very rude during the hearing because of my husband’s age, he is 39. You are lucky, we haven’t even recieved a letter saying anything, just word of my mouth thru the congressman’s office.
The bad thing is about getting them involved is is might make the judge mad, make him feel like there is someone peering over his shoulder. So we might have done a bad thing
Jennifer2u42

Good luck to you as well, :) keeping my fingers crossed also
http://www.Planet10Tech.com TomaszStasiuk

For the moment, try not to get negative about what the decision may be. If the office is notoriously slow, the long wait is not necessarily a negative sign. It is just (sadly) how that office does things. I will keep my fingers crossed for you.
jennifer

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
http://www.Planet10Tech.com TomaszStasiuk

If SSA called to say that the decision was made, that suggests the decision is in the mail, not off to a decision writer. The decision writer does a draft of a decision which comes back to the judge’s desk for revisions and ultimately, the judge’s signature. If the decision is “off the judge’s desk,” I hope that means it is on it’s way to you.

Now, if the decision has been sent to a decision writer, in my experience, it may still take a 2-4 more months.
Kimberleyrichey

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
pam

my husband signed up on his disability ss back in aug 2010 he was denied 2 times he just went for his hearing oct25th he called about it today and they told him that it was with a writer not sure what that means. if that is a good thing or a bad thing when he went to his hearing they had a ve there that stated he wasnt able to do any kind of work not sure what all this means and what is a decision writer? and does it usually mean bad news if the judge sends it to a decision writer? please help me understand a little better.
http://www.Planet10Tech.com TomaszStasiuk

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.
Jen

I had a video hearing on 12-6-11. The judge was very mean and rude to
me. My question however is that the VE said that there was about 25% of
the workforce in my area where I could work part-time with a base of
$11,000. What does that mean for me? I live in Ohio.
http://www.Planet10Tech.com TomaszStasiuk

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!
Jimmy Hale/ Brandy Hale

Hi there Jenifer…we live in oklahoma actually also…my husband was in a bad car accident, severly injured for life, was turned down twicw went to his hearing November 3rd, judge sad 100 o/o disabiled and we r still waiting on the approval letter from him…we first applied in august ’10..we was first turned down in jan. ’11, appeled the desicion march ’11 was denied again, appeled this desicion and was just in shock when the judge approved him… judge had stated tht we would hear from him in 30-60 days but have yet heard anything….just was wondering your time frame and how long it took you to get your approval and finally start recieving your benifits? any info would be great , thanks Brandy.
Jimmy/Brandy Hale

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….
http://www.Planet10Tech.com TomaszStasiuk

You are just under 60 days from the day of the hearing. It is not unusual for cases to take 45-90 for the decision to be mailed out. If the ALJ already indicated that the case will be approved, that’s great. At least you don’t have to worry about the outcome. Just give it some time. Just as there is a backlog for cases waiting FOR a hearing, there is also a backlog for the decisions to come out. You will probably hear something in the next 30 days.

Thanks for reading!
Jen

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
Jen

WOW. I just added that up and that is:
2 cymbalta
2 prednisone
2 remeron
6 zanaflex
6 norco
2 lyrica
1 lisinopril
1 ultram er
2 vitamin d
= 24 pills per day.
OMG I didn’t even realize.
Jeffmtrimble

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?
http://www.Planet10Tech.com TomaszStasiuk

Actually, financial woes do play a part in the cold and hard analysis SSA is supposed to do. They do not *prove* disability, however they should be considered in the assessing credibility. When a judge says a person’s testimony was not credible at hearing, severe financial woes can be used in the appeal. For example: no one wants to go through foreclosure and be evicted. If someone does go through this, it certainly helps bolster their claims that they are not able to do some kind of work. No one wants to lose what they put into a house, or to be kicked out into the street.

It is still a very cold analysis, but that is one way to use it in a disability case. I hope you wont need this though.
angie

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