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Overview of Disability

Disability Back Pay

Requirements for Disability

Applications for disability

Tips and Advice for Disability Claims

How long does Disability take?

Winning Disability Benefits

Common Mistakes after a Denial

Mental Disability Benefits

Denials for Disability

Appeals for denied claims

Disability Benefits from SSA

SSI Benefits

Child Disability Benefits

Qualifications and How to Qualify

Working and Disability

Disability Awards and Notices

Disability Lawyers, Hiring Attorneys

Social Security List of Conditions

What Social Security considers disabling

Medical Evidence and Disability

Filing for Disability Benefits

Eligibility for Disability Benefits

SSD SSI Definitions



Ask a question, get an answer

When do you receive a Hearing for Disability?




 
There are two ways to address this question. The first is by interpreting the question as "How long does it take to get a hearing date after the hearing has been requested?". To answer this, we can state that while making the request for a disability hearing is fairly simple, particularly if you have representation since your representative will handle all the paperwork, waiting for the hearing to be scheduled is another matter since it can take many months to get a hearing date established.

How long will this take? It varies according to which ODAR (office of disability adjudication and review, a.k.a. hearing office) has jurisdiction over your case, which is another way of saying it depends on which part of the country you live in. Some hearings offices have longer backlogs than others.

It also varies depending on the year in which you file a request for hearing. What do we mean by this? Simply that, over the course of the last decade, the backlog of hearing requests has, at times, gotten smaller. At other times, it has gotten larger. To some extent, this has been a matter of rising numbers of disability claims. However, it also depends on the resources available to the Social Security Administration at any given point in time.

In most states, it is a conservative bet that once a hearing request has been submitted, a date for a hearing will probably take at least a year. It is not unusual, historically, for a hearing request to take up to two years to schedule.

The second way to address this question is literally, as in "at which point in the process can you ask for a hearing?"

You receive a hearing before an Administrative Law judge sometime after the following has occurred: A) you have been denied on a request for reconsideration appeal (typically, the first appeal, the request for reconsideration, has a denial rate of about 85%) and B) you, or your disability lawyer or disability representative, have requested the hearing.

Note: there are ten test states in which the reconsideration stage has been suspended; therefore, if you live in one of those states, a hearing may be requested after a disability application has been denied. This is advantageous in one sense. Obviously, it potentially makes getting to a hearing somewhat faster since an entire appeal step is being skipped. On the other hand, 15 percent of all reconsideration appeals are approved, meaning that removing the reconsideration appeal step may remove the potential for being approved for some claimants. This is because disability examiners (examiners make decisions on applications and reconsideration appeals) and disability judges very often come to different conclusions on cases.

Those states in which reconsideration appeals have been suspended are Louisiana, Alabama, Colorado, Alaska, parts of California (Los Angeles North and West areas), Michigan, New Hampshire, parts of New York (the Brooklyn and Albany areas), Missouri, and the state of Pennsylvania.

When you go to your hearing, should you have representation? This is a question that only you can decide, however statistically about sixty percent of the hearings with representation win, where as only about forty percent of the hearing without representation win.

Although the Social Security Administrative Law judge hearing is fairly informal, it is nonetheless based on several things that make attending a hearing without representation somewhat dicey.

One of those things, of course, is knowing what to look for in the medical records for a particular case. Secondly, knowing how to read the case file and prior denials on the case is important as well. But, in addition to these things, representatives will be familiar with concepts such as unsuccessful work attempts, the date last insured, what constitutes SGA (substantial gainful activity), and how to present a theory of the case for the judge who is making the decision.















Return to:  Social Security Disability Resource Center, or read answers to Questions





























Related pages:

Will a Social Security Judge give You an Immediate Decision at the Disability Hearing?
Basic Facts about the Administrative Law Judge Social Security Disability Hearing
Are the Chances of Winning Disability Benefits Higher at a Social Security Hearing with a Judge?
Winning at a Social Security Disability Hearing
Social Security Disability Hearings - what to expect
What happens when you go to a Social Security disability hearing?
Preparing for a Disability Hearing to Win Social Security or SSI Benefits
Presenting evidence at a social security disability or SSI hearing
How Long Does It Take To Get The Results Of A Disability Hearing?
Do Most People Have To Go To A Disability Hearing in order to Get Approved For Disability?
Can you be approved for disability without having to go to a hearing?
Waiting for a Hearing to be Scheduled before an ALJ, Administrative Law Judge
Vocational expert at a disability hearing - what is this?
Social Security Disability Hearings - What is the ALJ



Information on the following topics can be found here: Social Security Disability Questions and in these subsections:

Frequently asked questions about getting Denied for Disability Benefits | FAQ on Disability Claim Representation | Info about Social Security Disability Approvals and Being Approved | FAQ on Social Security Disability SSI decisions | The SSD SSI Decision Process and what gets taken into consideration | Disability hearings before Judges | Medical exams for disability claims | Applying for Disability in various states | Selecting and hiring Disability Lawyers | Applying for Disability in North Carolina | Recent articles and answers to questions about SSD and SSI


These pages answer some of the most basic questions for individuals who are considering filing a claim.

Filing for disability - How to file for SSD or SSI and the Information that is needed by Social Security
How to Apply for Disability - What medical conditions can you apply and qualify for?
Applying for Disability - How long does it take to get Social Security Disability or SSI benefits?
What happens if I file a disability application and it is denied by a disability examiner or Judge?
How to Prove you are disabled and qualify to win disability benefits
How do you prove your disability case if you have a mental condition or impairment?
Social Security Disability Back pay and How Long it Takes to Qualify for it and receive it
Social Security Disability SSI - Eligibility Requirements and Qualifications Criteria