Full Answer
How long does it take SSA judge to make a decision?
Once you have been through a Social Security Disability hearing with an Administrative Law Judge, you need to wait for your decision to come in the mail. Six weeks to 3 months is the usual time that should be expected.
What happens after ALJ denial?
If the AC decides that the ALJ incorrectly decided your case, one of two things will happen: The council will send the case back to the ALJ with instructions to hold another hearing (called "remanding" the case), or. The council will decide the case themselves.
How do I fight a Social Security decision?
The fastest and easiest way to request an appeal is to submit a request online, but appeal forms are also available for download at www.ssa.gov/forms. You can also call our toll-free number, 1-800-772-1213 (TTY 1-800-325-0778), or contact your local Social Security office to request appeal forms.
How does the ALJ make a decision?
Their decisions are based on their review of your administrative record and the testimony and evidence presented at the hearing. An ALJ's decision is not to be influenced by the fact that your case was denied at the time of your initial application and on reconsideration.
Why would an ALJ dismiss a case?
An ALJ may also dismiss an RH on the basis of failure to appear when an unrepresented claimant, or the claimant and his or her representative, fails to appear on time for the hearing. However, the ALJ must first develop whether there is good cause for the tardiness.
Can a ALJ make a decision without a hearing?
If the evidence in the hearing record supports a decision in favor of the appellant and all parties on every issue, the ALJ may issue a decision without oral hearing. The notice of decision will inform parties of their right to an oral hearing and to examine the evidence on which the decision was based.
What are the chances of winning an appeal from Social Security?
Unfortunately, your odds are even lower for getting your benefits approved on the first appeal—about 12%. If you move on to the next level of appeal, which involves a hearing before an administrative law judge (ALJ), your chances for approval increase significantly—more than 55%.
Who makes the final decision on Social Security Disability?
While the DDS office reviews applications and makes recommendations to the SSA, it is the SSA which makes the final decision to accept or reject claims for disability benefits.
How far does SSI back pay go?
Retroactive benefits might go back to the date you first suffered a disability—or up to a year before the day you applied for benefits. For SSI, back pay goes back to the date of your original application for benefits.
Is an ALJ decision final?
Decisions of Administrative Law Judges are binding on the parties in the particular matter but do not have precedential value. They should not be cited or relied on as precedent in any proceeding. Decisions posted here may not be final and may be subject to modification by the Appeals Board and the Courts.
Why is my ALJ decision taking so long?
If the ALJ fails to properly meet their burden of explaining how they arrived at their determination then their decision is vulnerable to review by the Appeals Council. This decision writing process can delay the decision for multiple months.
Can an unfavorable ALJ decision be overturned?
If you receive an "unfavorable" decision (a denial) or a "partially favorable" decision from the ALJ, you have 60 days from the date of the denial notice to request an appeal from the Appeals Council.
How many times can Social Security deny you?
Even if you are denied social security disability 3 times you may be able to appeal or submit a new application.
Do SSDI denials come faster than approvals?
To recap, there is no difference between the time frame for approvals and denials, and you have very little control over how long it takes, because it takes time for the Social Security analysts and representatives to collect evidence, obtain doctors' reports and evaluate the case.
What does it mean when the judge says unfavorable for Social Security?
What does Notice of Decision - Unfavorable mean? This decision finds that you are not disabled and never were disabled according to Social Security laws, regulations, and rules.
Why do I keep getting denied for disability?
You Earn Too Much Income For SSDI, which is the benefit program for workers who have paid into the Social Security system over multiple years, one of the most basic reasons you could be denied benefits is that, when you apply, you are working above the limit where it is considered "substantial gainful activity" (SGA).
Why would a judge deny a claim?
Some judges will look for a reason to deny your claim if they sense you have given up and decided for yourself that you are disabled. You want to present yourself as a fighter – unhappy with your current medically unemployed status and ready to try anything to get back to work.
What is the key to success at a disability hearing?
The key to success at your disability hearing is preparation. A good lawyer will ask the same probing questions as the judge and when you prepare with your lawyer you get the benefit of expert advice about how to best answer.
What to say when a judge asks you what you do during the day?
If the judge asks you what you do during the day, it is okay to say that you make yourself a quick breakfast or cup of coffee, that you watch TV, check your email or even that you spend time doing light cleaning, caring for pets or checking your email.
How to avoid absolutes when testifying?
Try to avoid absolutes when you testify – words like never, always, and impossible. Also stay away from not very much, not too far, or not too long. These phrases mean nothing and can make your judge frustrated.
What happens if you lie about information the judge sees in your record?
Every case has flaws but if you lie about information the judge sees in your record, you will likely lose.
Can a judge expect you to sit in a recliner all day?
Our experience has been that judges don’t expect disability claimants to sit at home in a recliner all day long, moaning in pain. Your activities should not be equivalent to work but you will not be penalized if you maintain some form of routine. The key to success at your disability hearing is preparation.
Do you have to explain your prescriptions to a lawyer?
If you are not taking medications you may be deemed non-compliant with treatment and if you are obtaining pain medications from more than one doctor, you will have to explain yourself. Here, too, an honest sit-down with your lawyer prior to your hearing would be wise.
How to get fee approval for Social Security?
A representative may petition for fee approval using the Form SSA-1560-U4, Petition to Obtain Approval of a Fee for Representing a Claimant before the Social Security Administration. A representative may also petition for fee approval by providing in writing, all of the following information:
Who must give a copy of a petition to the SSA?
The representative must give the claimant a copy of the petition and any attachments before filing the original with the appropriate SSA office.
What is a statement affirming that the representative has sent a copy of the petition and any attachments to the?
A statement affirming that the representative has sent a copy of the petition and any attachments to the claimant. SSA may request a representative who is not an attorney to furnish a description of the special qualifications which enabled him or her to provide the claimant with valuable help.
What is fee petition?
A fee petition is a written statement signed by a claimant's representative requesting the fee the representative wants to charge and collect for services he or she provided in pursuing the claimant's benefit rights in proceedings before the Social Security Administration (SSA).
Can a fee petition be filed by multiple representatives?
If multiple representatives are involved and the representatives have elected to use the fee petition process, each representative who wants to charge and collect a fee for his or her services must file a separate fee petition. If a representative associates with another representative or co-counsel whom the claimant also appointed, an agreement between or among the two or more representatives about the fee for services does not control SSA's fee authorization.
Can a representative file a fee petition?
A representative may not file a fee petition for services in a claim if SSA has approved a fee agreement and has authorized a fee under that approved agreement. The fee agreement and the fee petition processes are not interchangeable. A representative may petition for fee approval using the Form SSA-1560-U4, Petition to Obtain Approval ...
Who sends the petition to the hearing office?
If an Administrative Law Judge issued the decision, the representative sends the petition to him or her using the hearing office address.
What do you do during a disability hearing?
During the interim, while awaiting the hearing, your social security disability attorney has a great many tasks to accomplish with your assistance. This includes gathering medical records, obtaining a specific document from your doctor – a medical source statement – and preparing your trial testimony.
How long do you have to file a request for reconsideration?
After this denial, you have sixty days to file a Request for Reconsideration. This is a form found online that allows you to challenge the accuracy of the initial determination. It is very important you do this in a timely fashion
How long does it take to get a disability?
The pursuit of Social Security Disability Benefits is a long, slow process. Typically it takes close to two years from the date you start. With almost every case, it takes time to get a Social Security settlement. There are three steps to obtain benefits.
How long does it take to settle a workers compensation case?
It is usually approximately thirty days from the date of the Judge's decision. Your lawyer might be able to give a more precise estimate. Hopefully you did not settle your case without the help of an experienced workers' compensation lawyer.
How long does it take to get a workers compensation settlement?
It is usually approximately thirty days from the date of the Judge's decision. Your lawyer might be able to give a more precise estimate. Hopefully you did not settle your case without the help of an experienced workers' compensation lawyer. I would not allow a lawyer to fix my brakes or perform surgery... but an experienced workers' compensation lawyer will get you the full value for your workers' compensation claim and easily more than the cost of his or her 20 percent fee.
How long does it take for insurance to pay a bench order?
If a bench order was signed, the payment could be made in as few as three or four days. If not, the normal wait time is about ten days to two weeks. In some unusual circumstances, insurance...
John Grant McCreary
Lately I’ve seen it take anywhere from 1-3+ weeks, depending on where your case is filed. Once Judge signs it, insurance has 30 days to pay. It’s possible you could get check before Christmas, but there is no guarantee. More
Tim W. English
Per state regulation, a Workers Compensation Judge gets up to 45 days to review and either approve, deny, or issue an Order suspending the settlement so they can obtain more informaiton from the parties.
Brett A. Borah
We here on AVVO don't know which courthouse your case is located at. We don't know which judge within that courthouse has the case. We don't know what his/her backlog is. We don't know what his/her vacation schedule is. We don't know what exactly was submitted to the judge.
