 SSDRC What is the Application Process for Social Security Disability and SSI? How do you Win Benefits under Social Security Disability or SSI? If I am determined disabled, how far back will Social Security pay benefits? How do you prove your disability case if you have a mental condition? What Can I Do to Improve My Chances of Winning Disability Benefits Common Mistakes after Receiving a Denial of Social Security Disability or SSI Benefits How to File for Disability - Tips for Filing If You Get Approved For SSDI Will You Also Get Medicare? How much does a Social Security disability attorney get paid? Social Security Disability SSI Criteria and the Evaluation Process How long does it take to be approved for SSI or Social Security disability? What do you Need to Prove to Qualify for Disability Benefits? Social Security Disability SSI and Fibromyalgia Social Security Disability SSI and Degenerative Disc Disease Can I Qualify For Disability and Receive Benefits based on Depression? Answers to questions about SSD and SSI disability What Disabilities Qualify for SSI and Social Security Disability Benefits? Social Security Disability Status Social Security Disability Tips — how a claim gets worked on Social Security Disability, SSI Disability - Terms, Definitions, Concepts |
The Time Involved on a Social Security Disability DecisionHow to prove you are disabled and win disability benefits It can take several months to receive a decision on a claim for Social Security Disability (SSD) or SSI. The average turnaround for a disability claim is about 3 to 4 months from the date of filing, though this is just an average. The actual time it takes to receive a disability decision depends on several variables, such as how easy or difficult it is for a disability examiner to get copies of your medical records, as well as how many cases are piled upon the disability examiner’s desk awaiting review. Disability decisions on initial claims and reconsideration appeals are made at state agencies, which make all disability decisions at these first two levels of consideration for the Social Security Administration. In most states, this agency is referred to as Disability Determination Services (DDS), although it may go by other, similar names depending upon the state, such as the Bureau of Disability Determination, etc. After being assigned to a claim, a disability examiner will review the claimant’s medical records to determine if the claimant is impaired enough to prevent him from working at his current job, any job he has held within the past 15 years, or any other work for which he may be qualified. Most disability claims are not denied because there is no existing impairment, but rather because a disability examiner has been able to find some job in the national economy at which the claimant “should” be able to earn a minimum amount each month (known as the substantial gainful activity (SGA) amount). For this reason, those applying for disability, either SSD or SSI, should be very specific on the work history submitted with the initial application. Don’t just throw out job titles; instead, list actual duties performed, job skills, etc. Otherwise the examiner may assume that you have work skills, software knowledge, management experience, etc., which you do not possess. One way to really slow down a decision on a claim is to fail to supply the examiner with correct contact information for a treating physician or physicians. Put in the time necessary to get this information correct on your medical history up front, rather than delaying your case for several months down the road as your disability examiner attempts to locate your records. However, even after a disability examiner has made a decision on a disability claim, there are other steps that must be taken within DDS before the examiner’s decision is finalized. First, the doctor assigned to the examiner’s unit will review the claimant’s medical records and either agree or disagree with the decision. Typically the opinion of the doctor (or psychologist if the claim is based on a mental impairment) will carry more weight than that of the examiner. After the unit doctor has reviewed the examiner’s decision, it then goes to the unit supervisor (case consultant), who also gets a chance to either agree or disagree with the examiner’s findings. Under the best of circumstances everyone within DDS agrees on the decision, and it becomes final. However, in some cases there is yet another hurdle a claim must pass before a decision is sent out to the individual seeking disability. This is known as the “quality control” review. If a claim is randomly selected for such a review, it could take many more weeks before it is cleared, sent back to the Social Security office, and ultimately mailed out to the claimant. No wonder it takes so long to receive a decision from Social Security! And for those whose initial application and first appeal were denied for disability by DDS, there is yet another lengthy wait before a final decision is reached on their claim, provided they file a second appeal, a request for a social security hearing before a federal administrative law judge (ALJ). The upside of the disability hearing is that the ALJ can act much more independently than the examiner, without an entire unit looking over his shoulder and second guessing his opinion. The downside is that it can take anywhere from 1 to 2 years to get a disability hearing diaried on the judge’s calendar, simply because there are currently so many disability cases filed each year (see Speeding up the Request for a Social Security Hearing - Documentation that is needed). One thing to keep in mind about the Social Security Decision—if you stay the course and follow your claim through to the second level of appeal, you are more likely to be awarded disability benefits. ALJs overturn more than half of all claims previously denied by DDS, and the rate of approval increases even further when the claimant is represented by a disability attorney or non-attorney rep at his hearing . 
Return to: SSDRC, or the Questions, Answers, Tips, and Advice page Individual Questions and Answers SSD and SSI are Federal Programs The title II Social Security Disability and title 16 SSI Disability programs operate under federal guidelines and, therefore, the program requirements--medical and non-medical--apply to all states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming Recent approval and denial statistics for various states can be viewed here: Social Security Disability, SSI Approval and Denial Statistics by state Special Section: Disability Lawyers and unnecessary claim denials |