One of my readers asked:

I had my hearing 2 weeks ago in Denver. The judge made an immediate favorable decision. My lawyer told me that most people get their benefits before they even receive the decision. I’m waiting patiently.

Congratulations on the win!

I have written about how long it takes after a hearing to get a decision, as well as my experience with how long it takes to actually get the benefits.

Personally, I have never seen benefits paid before the receiving a decision.

However, I have started to see some cases where a client receives a letter from the local Social Security office scheduling an appointment to process benefits before the decision is delivered. Clearly, the Judge’s office is entering the decision and Social Security acting on it immediately (and kudos for that), while the decision takes a few days to be delivered by the post office.

This does not happen all the time. In fact I have only see this is a small portion of cases and only on SSI cases. This makes sense since the local office only processes benefits (after a win) on SSI cases. Disability Insurance (SSDI) benefit cases are processed by a regional payment center.

Unfortunately, in many other cases, it takes four to six weeks after the decision before an appointment is scheduled at the local Social Security office. Since this may cause a hardship, it is sometimes possible to get a case expedited for dire need.

I previously wrote about how long it takes to receive an initial decision after you apply for Social Security disability benefits and how long it takes to get a Social Security hearing.

Unfortunately, there are no hard and fast rules for how long it will take to get a decision after the consultative examination. But, you can make a pretty good guess. 

I usually see a decision four to six months after an application for either disability insurance (SSDI) or Supplemental Security Income (SSI) benefits.  

So, if Social Security schedules a consultative examination 3 months after the application was filed, as an estimate, you can expect a decision in the next 30 to 90 days.

How long after the consultative examination did you get your decision? Let me know in the comments!

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.

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?

I normally estimate that a hearing will be scheduled between 60 to 90 days after a Judge has been assigned to a case.

By the time a case has been assigned to a Judge, the case file, which includes all the records and other evidence Social Security will use in deciding your case, has been “worked up” by ODAR staff.  The file has been organized, duplicate records removed, and things have generally been cleaned up for the Judge’s review. 

Keep in mind that finding time on the docket for your hearing may increase or decrease your wait time.

• If the Judge has an opening due to a cancellation, your case might be put into that spot, resulting in a quicker hearing.
• If the Judge’s docket is full, your hearing may be pushed back until the next set of open hearing times.  This may be several months away. 

What was your experience with getting a hearing after your case was assigned to a judge? Tell me in the comments!

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 done next time.  

When your case gets sent back to the Office of Disability Adjudication and Review (ODAR), it may take another 6-18 months for the second hearing to be scheduled.  

Altogether, you may be looking at 12 to 36 months before you get another chance to present your case even if you “win” your case at the Appeals Council!

Note:  wait times at the Appeals Council, and particularly at the various ODAR offices around the country, vary quite a bit, so take this estimate with a grain of salt and get up to date information from a lawyer in your area.

However,  I occasionally see cases scheduled as early as six months after the appeal (this is pretty rare), and sometimes as late as 18 months.

This is a long time! For most people there is a real question of how they are going to make ends meet while waiting for their case to go in front of an Administrative Law Judge (ALJ).

However, it is important to try to make the best use of this time:  

• Obtain treatment, 
• Develop documentation of conditions (including symptoms, severity, and response to treatment), and
• Develop medical opinions of your abilities and limitations.

When you add the 12 to 18 months it normally takes for your case to go in front of a judge, with the 4 to 6 months it takes for Social Security to make the initial decision in your case, you are looking at anywhere from 16 to 24 months from the time you file your application to the time your case it goes in front of a judge.

Because it often takes two years to get your case in front of a judge, it is important that your case is in as good a shape as possible. Because if you are denied, and have to reapply, you may be looking at another two years before you get another chance with a judge.

After waiting months (even years) to get your Social Security 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 benefits begin?

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

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

Part 1 is done. Part 2 is just starting…

Social Security needs to determine your monthly benefits and the amount of 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, your file now flies off in two separate directions. SSDI is processed by a regional payment center, while your 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 (30) to ninety (90) days.

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

photo credit: thomas_sly

I went to my Social Security hearing. But, the Judge did not say if she was going to find me disabled or not. When do I get my decision?!?

As you personally experienced, in most Social Security cases, the judge does not rule on your case at your hearing. In Colorado, I only see a decision from the bench in about one in ten cases.

In most cases, you will receive a written decision about 45 to 90 days after the hearing.

Why does it take so long?  

Some judges write their own decision between reviewing upcoming cases and performing hearings.  However, it is not unusual for the decision to be sent to a “decision writer.”  Then it has to come back to the judge, be reviewed, corrected, and finalized.  After all of this is done, the decision mailed to you and your lawyer.

Unfortunately, this process takes some time.

How long did you have to wait to get your hearing decision?  Tell me in the comments!