How to file for disability, Filing for SSI
Disability Requirements, Disability Status
How long is the wait?, Disability Application
The Social Security List of Impairments
Qualifying for Disability, Mental Disability
Disability Lawyer Info, Disability Back Pay
How long does the administrative law judge take to make a decision on an SSD or SSI disability case?
Note:Here are recent statistics provided by SSA on this issue: "As of March of this year, about 1.1 million claimants were awaiting a hearing decision, and the average processing time for a claim was about 518 days...with the average age of 318 days, measured as the time from the date of the hearing request."
This does not mean, however, that all cases take only approximately one and a half years (518 days) from beginning to end. Very often, they take 2-3 years. It does mean, however, that it can take a long time to get a hearing date.
Pretty awful. But aren't there deadlines for decisions?
Individuals who file for public benefits such as medicaid or food stamps usually become aware of the fact that those programs operate under deadlines. Meaning that if you file an application for one of those benefits, the issuing agency (a department of social services) is obligated to determine your eligibility within a set number of days. Depending on the program, this could be 30 days, 45 days, or 90 days.
The disability benefit programs operated by the social security administration (title 2 Social Security Disability and title 16 SSI disability) are very different in this regard. There are no deadlines for an application for SSD disability or an application for SSI disability.
This, of course, makes sense since disability examiners (the individuals who make decisions on claims at the initial claim levels) do not control how long it may take a doctor or hospital to comply with a request for medical records.
It also makes sense because allowing disability examiners as much time as they need to properly determine a case is in line with the best interests of the claimant. If deadlines for disability claims did exist, it is certain that many claimants would be denied simply the social security administration had not been given enough time to gather the needed documentation.
The absence of deadlines also applies to disability hearings and administrative law judges. ALJs do not have processing deadlines that determine how long they may take to arrive at a decision.
How long does it take for a judge to make a decision on an SSD or SSI disability case? It often depends on how heavy the caseloads are at a particular hearing office. It can also depend on the following:
1. Whether or not at the time of the hearing all the medical evidence had been received. Very often, hearings are held when medical records are still outstanding, meaning that either the claimant or the claimant's social security attorney had requested medical record updates from one of the claimant's treatment sources but these records had not arrived by the time of the hearing.
Usually when this happens, the judge will hold the case open and allow the attorney sufficient time to obtain the records and then send them to the hearing office. This, of course, delays the decision-making process, but it helps the case.
2. Whether or not the judge determined, at the time of the hearing, that the claimant needed to be sent to a consultative examination. Usually, consultative exams (a CE exam is performed by an independent doctor or psychologist who is paid by SSA to perform the exam and send a report of their findings to SSA) are scheduled by disability examiners when a case is being determined at the disability application or reconsideration appeal level.
However, there are instances in which a disability judge will decide that a consult is needed to provide additional information for the case. Again, this is for the benefit of the claimant's case, but it can slow down the process.
How long it takes to receive a decision from an administrative law judge may vary considerably. Some claimants will receive a notice of decision following a hearing just several weeks after the hearing has been held. In other cases, it can literally take months for a claimant to receive a decision notice. And this can occur even when the judge indicates at the hearing that he or she will approve the case and award benefits.
Why does that occur? Because even if a judge decides to issue an approval, the notice of decision must still be written. Decision notices, however, are not written by judges but are written, instead, by decision writers (usually a staff attorney at the hearing office) who, themselves, are often backed up cases.
If you have a hearing and do not receive a notice of decision within 90 days of the hearing date, you may wish to followup the status of the case by making a call to the hearing office. Usually, the answer to an inquiry will simply be that the case is still pending.
However, there are occasions in which a status call will have the effect of reminding a judge's clerk that certain medical records are still outstanding and still need to be gathered. So, status calls are not always a waste of time and can sometimes be beneficial.
Of course, any claimant who was represented at a disability hearing should have their social security lawyer contact the hearing office to make the status call. For one thing, it is their job to do this. But, secondly, it is never a good idea to leave one's representative out of the loop when it comes to information about the status of a claim.
What is the Social Security Disability SSI list of impairments?
Can you work while getting or applying for Disability?
How Often Does Social Security Approve Disability The First Time You Apply?
Tips for getting Social Security Disability or SSI benefits approved
What medical conditions will get you approved for disability?
What kind of Mental Problems Qualify for Disability?
Receiving a Disability Award Letter
Conditions Social Security will recognize as a disability
Previously answered questions regarding SSD and SSI
Applying for disability in your state
Most popular topics on SSDRC.com
Social Security Disability SSI Questions
The listings, list of disabling impairments
Can a mental illness qualify you for disability?
Disability Lawyers prevent unnecessary denials
How much Social Security Disability SSI back pay?
How to apply for disability for a child or children
Filing a Social Security Disability SSI application
Filing for disability - when to file
How to apply for disability - where to apply
Qualifications for disability benefits
How to Prove you are disabled and Win your Disability Benefits
Qualifying for Disability - The Process
How to get disability for depression
Getting disability for fibromyalgia
SSI disability for children with ADHD
What is the Application Process for Social Security Disability and SSI?
Common Mistakes to avoid after being denied for Disability
Social Security Disability SSI Exam tips
More Social Security Disability SSI Questions
Social Security Disability SSI definitions
What makes you eligible for Social Security Disability or SSI?
New and featured pages on SSDRC.com
Who can help me file for disability?
How long does it take to get a decision on Social Security Disability or SSI?
What kind of Final Decision can I receive on my Disability Application?
How are Decisions on SSDI and SSI Disability Claims made by SSA?
How the Decision on a Disability Application or Appeal is Made
Who Makes The Social Security Disability Decision, A Judge Or A Caseworker?
How long does the Social Security judge take to make a decision on a case?
Will an SSI or Social Security Exam help with the Decision?
Can you get a Social Security Disability decision in under a month?
Still Waiting For My Social Security Disability Decision
The average amount of time it takes for a disability decision
Social Security Disability, SSI Decisions – What Is the Rate of Approval?
Social Security On The Record Disability Decisions
What medical conditions get you approved for disability?
Social Security Disability qualifications
How to claim disability benefits
Applying for Disability in Missouri
Will I qualify for SSI disability in Missouri?
Applying for SSI benefits in Missouri
These pages answer some of the most basic questions for individuals who are considering filing a claim.
Filing for disability, tips for how to file
Can you get temporary Social Security Disability or SSI benefits?
Permanent Social Security Disability
What is the difference between Social Security Disability and SSI?
Who is eligible for SSI disability?
Can I Be Eligible For SSI And Social Security Disability At The Same Time?
What makes a person eligible to receive disability benefits?
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?
For the sake of clarity, SSDRC.com is not the Social Security Administration, nor is it associated or affiliated with SSA. This site is a personal, private website that is published, edited, and maintained by former caseworker and former disability claims examiner, Tim Moore, who was interviewed by the New York Times on the topic of Social Security Disability and SSI benefits in an article entitled "The Disability Mess" and also by the Los Angeles Times on the subject of political attempts to weaken the Social Security Disability system.
The goal of the site is to provide information about how Social Security Disability and SSI work, the idea being that qualified information may help claimants pursue their claims and appeals, potentially avoiding time-consuming mistakes. If you find the information on this site helpful and believe it would be helpful to others, feel free to share links to its homepage or other pages on website resource pages, blogs, or social media. Copying of this material, however, is prohibited.
To learn more about the author, please visit the SSDRC.com homepage and view the "about this site" link near the bottom of the page.