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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 a request for a disability hearing appeal take?



 
There are two aspects to this question: how long it takes to get a hearing scheduled, and how long it take to get to get a decision after a hearing has been held.

How long does it take to get a disability hearing scheduled?

Due to backlogs, and depending on which part of the country you live in, it can take well over a year. In the recent past, waits of two years or longer, from the time a request for hearing has been submitted (usually via a disability attorney), were not unheard of. Depending on how well the SSA disability system is funded and staffed in the future, such extreme wait times could conceivably return.

How long does it take to get a decision from a social security administrative law judge?



Again, this varies. Some judges will get the decision notice out fairly quickly. Others will take an inordinate amount of time. Much of this has to do with the fact that judges make decisions but do not actually write the lengthy decision notices themselves. Notices of decision (unfavorable, partially favorable, fully favorable) are written by decision writers at hearing offices (who are usually staff attorneys).

There are instances in which a disability judge will actually indicate at the hearing what the decision is

This is known as a bench decision and the judge would only do this if the decision was a fully favorable approval). However, even in these cases, the actual decision notice may not come for many months, again because the decision-writer needs to compile the decision notice...and the decision-writer may be as backed up as the judge due to how backlogged the system is in general.

As someone who has previously been a disability examiner, and as someone who has been involved in claimant representation, I can state that there are cases in which it can take as long as nine months to receive a decision from a judge following a hearing. However, these cases are the minority. Usually, a claimant can expect to get a decision after a disability hearing has been held in ninety to one hundred twenty days.

Without a doubt, the wait for a decision notice following a hearing can be very frustrating. While the case is pending (waiting for a decision), the claimant, can periodically call for a status update. Generally, a claimant who has been to a disability hearing will be represented so the representative's office will make the occasional status update call to the hearing office.

How useful are such calls? While most calls to the hearing office will simply get a response similar to "no decision has been made yet", there are instances in which a judge's clerk will notify the claimant's attorney (or the attorney's assistant) that certain medical evidence still needs to be entered into the file. Typically, this would have been evidence that was requested by the disability attorney and which had not arrived by the time the hearing was held (Judges will ordinarily hold the hearing "open" for a certain period to allow the claimant's lawyer time to obtain the records from the medical provider).

However, there are cases in which "something has fallen through the cracks", meaning that the evidence in question was not received by the judge's clerk...or the evidence was received and the judge's clerk failed to realize this. So, for this reason alone, status update calls are always a good idea. And this applies to other levels of the disability appeal system as well.








Essential Questions

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



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Social Security Disability SSI Questions

The listings, list of disabling impairments

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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

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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?
How do I request a Social Security Disability hearing - How do I file?
Requesting a Social Security Hearing when you have a Disability Representative or Attorney
How long does a request for a disability hearing appeal take?
What are the odds of a judge giving you a disability denial?
What is a Social Security administrative law judge disability hearing?
What is the time frame for a judge to make a decision for a disability hearing?
How should I prepare for a disability hearing with Social Security?
What are the questions that get asked at a Social Security Disability or SSI hearing?
Getting a Disability Lawyer in Minnesota
Will I need a Social Security Disability Lawyer in Michigan?



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

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.