These more detailed and extensive decisions appear to be taking longer to issue, thus further burdening our clients who need to plan their future, or appeal that decision for appellate relief. In past years, individual judges would sometimes ask our office to prepare a proposed FIT decision so as to shorten the time the favorable decision could be issued after the hearing. Our office still has the software, but has been advised that attorney participation in preparing the favorable decisions is no longer being promoted as good judicial practice by SSA directive.
For reasons which are not clear, SSA diminished the role of SSA senior staff attorneys who were empowered to write fully favorable decisions to resolve a case even before the hearing.
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Call us at 1 Question I just had my disability hearing and I thought it went well. Answer How long will it take to get a decision from a judge once you've already had your disability hearing?
Talk to a Disability Lawyer Need a lawyer? Start here. Zip Code. If your initial claim was denied and you either filed a reconsideration appeal and it was denied or you live in one of the few parts of the country that does not have a reconsideration appeal level and you believe you are disabled according to Social Security law, your next step is to request a hearing on SSA form.
You must file your hearing request within sixty days of receiving the prior denial, which is considered to be sixty-five days from the date on the written denial notice. An extra five days is allowed for the notice to reach you through the mail. This means that Social Security must receive your request within sixty-five days. The first level of the Disability Hearing process is a simple one called Request for Reconsideration commonly called Reconsideration, or Recon.
When the first application is denied, the claimant you has 60 days to reapply for Reconsideration. This time period is the same whether you apply by yourself or get help from a disability lawyer. Any reputable lawyer will be well-aware of the day deadline. If you miss this deadline, a reasonable explanation to the SSA office is usually accepted. However, it is highly recommended to reapply as soon as possible. Filing for Reconsideration is very similar to what you did at the initial level: Fill out an application and submit it to Social Security Disability.
Contact your new Disability Examiner immediately — Recon cases can be adjudicated more quickly than initial ones. Some of these cases are approved, especially if your medical condition is worse or if there is additional medical evidence to show that you are not recovering as expected. Most disability claims at this level are denied. This step can be lengthy, over a year in some cases. You must apply for ALJ review within 60 days. You, or your disability attorney, should also collect any updated medical records and a list of medical sources to submit to the ALJ office as soon as possible.
The ALJ reviews your entire claim and the judge will make the disability decision. He or she is assisted by other disability professionals, but the ALJ office does not employ medical experts and does not schedule medical exams.
There are Hearing Offices in the US and close to half of all hearings are typically held in rural areas. In total, ALJs review over , claims each year. You will receive a written notice, either online or mailed, at least 75 days before your hearing and it will outline when and where to go. You will need access to a computer for a teleconference. If you choose the in-person option, it will usually be held 75 miles from where you live. We recommend this option as soon as it is available unless you live somewhere very remote.
Should problems arise, such as a flare of your impairment that makes attending the hearing impossible, notify the SSA as soon as possible in writing. Submission of additional information, of course, extends the amount of time before the decision is made. The letter writing phase can be prolonged if the office has a large volume of decisions backed up waiting for letters.
In that case, your appeal may sit in the writing department for a while before being assigned to a writer and having the letter written. In a small percentage of appeals, the ALJ will make a bench decision to approve your claim, meaning that the judge says at the end of the hearing that he or she is approving your claim.
However, even with a bench decision, the judge has to prepare a detailed written decision to approve the claim and the letter has to be written and approved; so a bench decision may not speed up your receipt of a formal decision and payment action is not initiated until the formal decision letter has been sent.
Also, note that in most appeals, the judge will not make a bench decision at the hearing. At the AC level, many people decide to hire an attorney. The DDS will defend its decision — your denial — unless there is new evidence. This office also performs quality review and court-related functions. You or your attorney may also file by calling your local SSA office.
You have 60 days from the time you received written notice that the ALJ denied your claim. If the Appeals Council deems the bench decision was correct, they may swiftly deny your appeal.
Or, the AC may decide to review your case. Their last option is to return your case to ALJ for a second look. The AC will consider the same issues that the Administrative Law Judge considered, even those issues that were favorably decided in your case. You or your disability lawyer will receive a written copy of the Appeals Council's final action on your case. You will have 60 days to file an appeal at the next level, in court. A very small percentage of disability applicants take their claims to a federal court.
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