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How long will it take before a judge in Florida will see my disability case?
"I was told by my attorney's office today it will probably take at least 2 years before a judge even sees my case...and I will probably get turned down twice prior to that. I have MS and my condition has worsened to the point of no longer being able to work, but in two years time I will lose my home and my car if I have no income. I am currently on Short term disability through work which will soon go into my long term disability benefits. Should I get a 2nd opinion from another attorney?"
I hate to say it, but the social security attorney may be dead-on. It used to be that it would take 2 years to get a hearing date before an administrative law judge just after the disability hearing request was submitted. Hearing wait times had improved in recent times due to a concerted effort by SSA to reduce backlogs, at the very least to reduce the growth of the backlogs. Then, unfortunately, the backlogs grew again, and for the very same reason: not enough judges.
Even so, if you are just beginning the process in Florida, and have yet to go through the disability application and reconsideration appeal levels, it may well be true that you endure two years in the process. That is, unless you are approved for social security disability or approved for SSI at the disability application level (approximately 30 percent of claims get awarded at that level) or you are approved at the first appeal level, the reconsideration appeal level (about 12-14 percent of these appeals are awarded).
The general rule of thumb is that if you are denied on a initial disability application, you will probably have to pursue the case to the hearing level since the first appeal, the recon, is usually denied as well. It may not hurt to talk to a second attorney, particularly if you can find one that is more "proactive" about trying to get your case won at the reconsideration level, or one who will be willing to try to get your hearing expedited if a hearing request becomes necessary.
Other times, a disability attorney may find it suitable to request an on-the-record decision after the hearing request has been made--- if the case is strong enough. This can eliminate the need for a hearing.
If you do have to go a hearing, however, an attorney can submit a brief in the hopes of receiving a bench decision which can eliminate much of the wait for a written decision. These might be some of the things you would discuss with the second, or even the first attorney.
Return to: Social Security Disability Resource Center, or read answers to Questions
Tips and advice for Florida disability claims
Florida Disability Lawyer Advice for Social Security Disability Claims
Florida Social Security Disability Application tips
Tips and insight for getting disability in Florida
Tips for consultative medical exams for SSDI and SSI in Florida
Can I afford a Florida disability attorney or representative for my claim?
General questions about getting disability in Florida
How Much Can You get in Monthly Social Security Disability Benefits in Florida?
What if you receive a disability overpayment in Florida
Can you get permanent Social Security Disability in Florida?
If they review my disability in Florida, will I lose my benefits?
Do disabled children qualify for benefits in Florida?
Denied for Disability with Depression in Florida
Should you appeal a disability denial in Florida?
How long does disability take in Florida?
How Long Can You Receive Social Security Disability Benefits in Florida?
How long for a Social Security Disability Decision Letter in Florida?
How long does it take get a decision after a Florida Disability Hearing?
How Long Do you have to be disabled to Get Disability Benefits in Florida?
The disability decison process in Florida
Can you get disability benefits in Florida if you have never worked?
Will you be awarded disability in Florida if you are unable to return to your old job?
Who makes the disability decision in Florida?
Will I Be Evaluated For Both SSDI and SSI in Florida?
The Florida Disability awards determination process
What happens after a social security disability claim gets taken in Florida?
Filing applications for disability in Florida
Applying in Florida, the criteria to qualify for Benefits
An application for disability in Florida will be time-consuming
Filing for disability in Florida is not easy
What are reasons to file for disability in Florida? When should you file for Disability Benefits in Florida?
Starting an application for disability in Florida
Applying for SSD in Florida - Disability Application Information
Disability Lawyers and Representation in Florida
Getting a disability lawyer in Florida
Representation on a Social Security Disability Claim in Florida
Do I need a Lawyer for My Florida Disability Hearing?
Social Security Disability Attorney Fee - What a Disability Lawyer in Florida can be Paid
How do Disability Lawyers in Florida get paid their fees?
Finding a lawyer for a Florida disability claim
Is the Disability Process Faster in Florida if you have a Lawyer?
Applying for SSI in Florida
Applying for SSI disability in Florida
Can you receive Social Security Disability and SSI in Florida?
Applying for SSI Disability for a Child in Florida
Doctors, medical records, and medical exams
Social Security Disability in Florida and What Your Medical Records Say
Will a Disability Attorney in Florida Help You Obtain Your Medical Records?
SSDI and SSI disability applications in Florida and Doctors
Social Security Administration Medical Exams in Florida
Disability hearings in Florida
How long will my case be at a Florida Social Security Hearing office before it is scheduled?
How long does it take to see a Florida disability judge?
Getting ready for a disability hearing in Florida
Disability denials in Florida
What if you are denied disability in Florida and do not get the notice?
If you are turned down and denied for disability in Florida
If your disability is denied in Florida, file an appeal quickly
Why did I get Denied on my Florida Disability Request for Reconsideration?
Disability appeals in Florida
If you are requesting an appeal in Florida
Social Security Disability and Appeal options in Florida
Do you have to appeal your Florida SSD Claim over and over?
Qualifying for disability in Florida
Will I Qualify For Disability Benefits in Florida?
Can I win my disability case in Florida?
What are my Chances of Qualifying for SSDI in Florida?
Will I get approved for disability in Florida if my doctor supports my claim?
If you are trying to win disability benefits in Florida
How Can I Win My Social Security Disability Case in Florida?