How long does it take to get a decision in a Social Security disability case?
How long after you complete your application for Social Security disability benefits (or Supplemental Security Income – SSI benefits), does it take to get a decision?
In Colorado where I practice, it usually takes between four and six months after you apply to get the initial decision. Sometimes, Social Security will describe this as between 120 and 180 days.
How to postpone a Social Security hearing?
Even though it often takes a year or even two years to get your Social Security hearing, you may find that you are not ready when the big day finally comes.
Is there any way to continue, postpone, or delay my Social Security hearing?
Yes. You can request a continuance to postpone your hearing.
Lets look at how to do this.
How long after my case is assigned to a Judge does it take to get a hearing?
If you are keeping in touch with the Office of Disability Adjudication and Review (ODAR) which is preparing your case for hearing, you may be told that your case has finally been assigned to an Administrative Law Judge (ALJ).
However, ODAR may not tell you is how much longer it will take to get a hearing date, now that your case has been assigned to a Judge. So, how long after your case is assigned to a judge will it take to get a hearing?
Save yourself a trip to Social Security – Use SSA Online!
Before you put yourself through the drudgery of going down to your local Social Security office, check the Social Security website to see if you can take care of your problem without going in.
There are a lot of things you can take care of online.
Tips when going to the Social Security Administration office
I hear a lot of horror stories about going to the Social Security office.
If you need to go to the Social Security office to get a replacement card, change your name, or try to straighten something out with SSA, here are a few tips:
Does your story hold up, or is it full of holes?
Part of what any good attorney does is listen carefully.
I am always on the look out for inconsistencies. Some problems are obvious, others may seem minor. But, they always run the risk of derailing a case.
The individual with epilepsy, or other seizure disorder, who still has a drivers’ license and regularly drives.
The PTSD or social anxiety disorder sufferer who still goes to their children’s school events, supermarkets or church service.
Social Security hearings are largely credibility assessments: can the judge believe what you say about your disabilities. If your testimony at hearing is inconsistent, why should the judge believe you are disabled?
I listen for these potential problem areas, because if I can spot a potential pitfall, we may be able to avoid it.
Making your Social Security claim stand out!
Gordon Gates writes about how he tries to make each case different and memorable when preparing to go to hearing.
I am always concerned that a particular claim will not get the attention it deserves at the hearing level, due to the tremendous workload at the Social Security hearing offices. Each administrative law judge decides several hundred claims every year.
…
I have an upcoming hearing with a client who has an unusual story. The medical evidence is very good, and the claim should be granted at hearing. Nevertheless, I am spending a great deal of time on the claimant’s story…, because it is so unusual. That story will be the hook that draws the judge into the case.
I agree completely!
In my office, I regularly meet with my clients and listen to their stories. Every once in a while I hear something that rings a bell. My eyebrows jump, and I make sure to write down that story in my notes.
Every individual applying for Social Security has had unique experiences related to their disability. It does not have to be anything big. I am not talking about a trip to the ICU.
Things to watch out for if your case is moved to a new hearing office
I previously wrote about how Social Security may move a case from one hearing office (Office of Disability Adjudication and Review – ODAR) to another to try to ease case congestion and speed up processing.
Usually, there is nothing to worry about when this happens. However, there is something you do need to watch out for. If you are not careful, you could delay the decision in your case, or even reduce your chances of winning.
Why can’t I find a lawyer to appeal a hearing denial?
Did you represent yourself at your Social Security disability hearing? If you were denied, you may find it is difficult to find a lawyer to represent you.
Sadly, this is a common problem. It is much harder to hire an attorney after you been denied.
Why?
It all comes down to TIME! You only have 65 day to appeal a hearing denial (5 days to receive the notice, and 60 days to get the appeal to Social Security). Note: the appeal must be received by the deadline. Postmarked by the deadline is not enough.
65 days is not a lot of time for a lawyer to do the following:
Review the hearing decision.
Review the exhibit file.
Review …
Gordon Gates on “the 11 Percent ALJ”
Social Security attorney Gordon Gates wrote about a Social Security Administrative Law Judge (ALJ) who only approves 11 percent of cases.
In trying to find some insight in to how this ALJ could only approve 11% of cases when most other ALJs approve somewhere between 45-60% of cases, Gordon found the following post from the ALJ on a high profile public website:
Some doctors go overboard on diagnoses and treatment because they sense the “pot of gold” in having a fairly young patient on Medicare for many years to come with a reliable source of payment for constant treatment.
Lawyers and other non-attorney representative can receive fees as a percentage of the back benefits awarded to a claimant. Once a claimant has a legal representative, one can actually track how the alleged impairments become much worse, with new impairments and symptoms added as the case matures.
A judge with some experience can almost recite verbatim the same story we hear from virtually EVERY claimant, suggesting they have received training from the national organization of the claimants attorneys. The government is complicit in this boondoggle, because the Social Security Administration actually publishes lists of symptoms for various impairments in the form of rules for judges to follow. Is it any wonder we hear those lists of symptoms at almost every hearing?
The Judge’s quote is quite lengthy and covers a number of topics. I encourage you to read it in Gordon’s article: The 11 Percent ALJ.
While I can agree with the Judge on several points in the longer quote, I strongly disagree with what the Judge says above.
Let’s set ‘em up and knock ‘em down!
How long does it take to get an Appeals Council decision?
If you have been denied at your Social Security hearing in front of an Administrative Law Judge (ALJ), you may end up having to file an appeal to the Social Security Appeals Council.
In my experience handling Social Security disability cases in Colorado, it can take between 6 – 18 months to get a decision back from the Appeals Council.
However, even if you “win” the appeal, that is not the end of your case. In the vast majority of cases, the Appeals Council does not approve benefits outright. Normally, they simply send the case back for another hearing with instructions to the ALJ on what should be …
Long Social Security hearing delays? “Blame the judges!”
The long wait times in Social Security cases are prompting a backlash against Administrative Law Judges (ALJs) in Social Security cases.
Across the country, it takes an average of 480 days to get a judge’s ruling on a Social Security disability claim — but 650 days if your case is in Portland.
The problems in Portland reflect a broader national crisis, according to Social Security Administration records … Only about half the agency’s administrative law judges meet its minimum goal of clearing 500 cases a year.
….
In October 2007, Social Security Commissioner Michael J. Astrue met with a delegation of judges from around the country and … complained that many were not productive enough, according to the union that represents the judges. Astrue also accused them of not wanting to be subjected to any professional standards.
The commissioner has testified before Congress that the bulk of administrative law judges are hardworking. But he has griped about underachievers, and the agency set performance goals that ask judges to clear 500 to 700 cases a year..
Grab the pitch forks! Light the torches! It’s the judges’ fault!
Of course, things are not that simple.
Social Security Judge’s approval or denial numbers published by Oregonian
Would you like to know what percentage of cases the Administrative Law Judge (ALJ) assigned to your Social Security disability, or Supplemental Security Income (SSI) case, approves and denies?
In response to a Freedom of Information Act request by The Oregonian, the Social Security Administration released the production numbers and approval rates for all of its administrative law judges. The agency released complete reports for 2005, 2006 and 2007. The table for 2008 covers most — but not all — of the year.
Click below and enter the Judge’s name to see the statistics for that judge.
If you were in jail or prison and are applying for Social Security disability benefits, get your entry & release dates!
We have previously discussed that an individual is not eligible to receive Social Security disability benefits while incarcerated. This issue frequently comes up when an individual already on Social Security is incarcerated.
However, it is important to remember that the prohibition on receiving Social Security benefits may also impact your application for Social Security benefits, if you were in jail or prison during the time you are alleging entitlement to Social Security disability benefits.
For example:
Let’s say you applied two years ago and that you are waiting for a hearing.
But, one year ago (during the period of alleged disability), you were in jail for a month.
Social Security will not pay you benefits during that periods of incarceration.
Here is the problem that comes up:
Benefit Eligibility Screening Tool checks if you can get Social Security
If you wonder if you are eligible for Social Security benefits, Social Security has an interactive website to help you answer this question.
Visit Social Security’s BEST (Benefit Eligibility Screening Tool).
BEST checks if you are eligible for the following benefits:
Medicare
Social Security Disability
Social Security Retirement
Social Security Survivors
Special Veterans
Supplemental Security Income
Have you tried BEST, share your experiences in the comments!
