Tuesday, October 25, 2005

The Social Security Disability Process - a long and lengthy wait for most

This is a paraphrased version of an brief article I wrote for a site. It's really just a heads-up to those who are entering the disability system that a claim can take an exceedingly long time. Since most claimants know very little about the system when they begin (typically, this doesn't change throughout the process) and the article has a good bit of advice, or two, I thought I would repost it here:

You develop a crippling illness, become injured, or succumb to the effects of various medical conditions and then decide to file a disability application. All you have to do now is wait in the interim for your rightful benefits to start, right?

Unfortunately, the federal U.S. disability system isn't that quick, simple, or compassionate. Quite the opposite, it is a paperwork-processing machine that is geared for neither fairness nor empathy concerning your medical or financial needs.

To allow themselves the opportunity to make the best possible decisions later on, disability claimants should understand from the very beginning that if you are disabled and applying for either social security disability or ssi disability benefits, the process is not just long. In most cases, it is very, very long. In fact, if you are not approved for benefits when you first file an application for ssd or ssi--this is called the initial phase--then it is likely that you will have to go through the entire social security disability appeals process, up to the point where your claim is heard by an administrative law judge.

The social security disability and ssi process can literally take years to get through--and, typically in most states, especially those with large hearing office backlogs, the process can take as much as three years.

How long does each step in the ssd and ssi system take? The initial claim phase, or application phase, can take anywhere from a month (not likely) to a year (yes, an application can really take this long in some cases). The middle step, which is called the reconsideration stage and is really just a repeat of the application phase, can take just as long; meaning, in most instances, several months.

Most individuals are denied their disability benefits at the reconsideration level, but, nonetheless, are required to go through this stage if they want to maintain the opportunity for an eventual hearing before a judge. After the reconsideration stage comes the disability hearing stage. And for most claimants this is where the wait really begins.

After you've been denied at the reconsideration level, you request a disability hearing before a federal judge. How long is the wait this time? Well, depending on where you live (and which office of hearings and appeals you must deal with), it might take you a year or longer to get a hearing date established. There are, in fact, hearing offices for which the wait can equal or exceed 20 months (at the time of this writing, the Raleigh NC OHA is a good example of this unfortunate reality).

But the time required to get a hearing is not where the waiting ends. After a hearing has been conducted, a claimant will obviously be required to wait for a notice of decision. How long does this ordinarily take? Some judges will inform a claimant that a decision may be rendered in six weeks. But since administrative law judges are not the only individuals involved in the creation of decisional notices (the other significant party in this part of the process is a hearing office decision writer), the time involved in getting a decision notice out to a claimant can equal several months. And even after a claimant has a hearing, they may only have about a one out of two chance (according to national statistics--the win rates do vary by state) of being granted social security disability or ssi benefits.

So...if you are thinking of applying for ssa benefits, think about how long the process might take and, in accordance with that knowledge, get prepared to whatever extent you are possibly able. Certainly, the process may seem bleak, particularly after reading an article such as this, and, for most claimants, applying for disability benefits will seldom ever be an easy process. However, if you know in advance how long it can really take, you can potentially make better decisions (regarding your finances, housing situation, etc) and even possibly avoid a few mistakes along the way.






Additional information on Social Security Disability at www.disabilitysecrets.com











Other Posts:
Social Security Lawyers
Are you automatically denied for Social Security Disability or SSI when you first apply with an initial application ?
Who makes the Social Security Disability decision ?
Filing for disability
Social security disability benefits
Social Security Disability SSI virginia

1 Comments:

Blogger JM said...

I recently had my appeals hearing. Included an "expert" MD, and Vocational expert. The MD,"a medical whore" did his best to contradict my records, and became so confused, the judge dismissed him. After asking me about 15 minutes worth of questions, we found out that the DDS had classified my job experience incorrectly, causing the vocational expert to re-write her report on the fly! After all was said and done, the judge gave me a FAVORABLE decision at the hearing. I waited two years for this.

10:38 AM  

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Past Posts

How do you apply for Disability ?
What happens after you apply for Social Security Disability or SSI?
How does Social Security decide Disability cases?
How long does it take to get a decision on a Disability case?
Why does it take so long to get a decision on a Disability case?
What if you get denied for Social Security Disability or SSI?
How do you file a Disability appeal?
Social Security Disability and Medical Evidence
Correct Steps for Filing a Social Security Disability Claim
Filing for Disability - Doctors and Documentation
Will I get disability with Bipolar Disorder ?
Mental Testing When You Apply for Disability for Depression
The chances of winning Disability on an appeal?
How bad should my condition be before I file for disability ?
How does Social Security decide if I am Disabled ?
How long does it take to get a hearing for disability ?
What are the chances of winning at a disability hearing ?
Approval Criteria for Disability
Conditions that Social Security will recognize as a disability
Disability Determination
Social Security Disability Requirements
Denial of Disability, Pain, and Medical Records
The criteria for social security disability and ssi
How can you improve your chances of winning disability ?
SSI Disability
File for disability as soon as possible
For what medical conditions can you be approved for disability ?
Qualifying for Disability - How difficult ?
What Does Social Security Consider To Be a Disability?
How to Qualify for Disability - social security disability or SSI
Social Security Disability Claims and Disability Lawyers
Applying for Disability with Depression
Filing for Disability with Fibromyalgia
Social Security Disability Qualifications
Fibromyalgia and Disability Judge Perceptions
Denied for Social Security Disability
The Second Social Security Disability Appeal
Do you have to be totally permanently disabled to get disability ?
Social Security Disability Backpay, SSI back pay
Social Security Disability SSI status
Social Security Disability System
Who is eligible for Social Security Disability or SSI?
Disability and other work
Applying for Disability Based on MS, Multiple Sclerosis
Tips for Filling out a Social Security Disability Application
How Do You Get Approved for Disability with Social Security?
SSI Reconsideration easier than an SSD Reconsideration?
What does social security mean when they say you can return to your past work?
Social Security Disability, Medical Records and a Disability Attorney
Denied the second time for Social Security Disability
How many Social Security Disability and SSI cases get denied?
Appeals for Social Security Disability
SSI Benefits
Social Security Disability Appeal
Social Security Back Pay
Application for Disability
Disability Denied
How to get disability
Disability Requirements
Social Security Disability Benefits
Application for Disability
Disability Appeals
Total Disability and social security disability
Social Security Disability Attorney Fees
Qualify for Social Security Disability
How Does Social Security Decide Your Disability Claim ?
What to Expect at a Social Security Disability Medical Exam
Social Security Disability Denied - Why did this Happen?
How to get SSI
Social Security Disability Status on a Case
When should you file for Disability Benefits
Social Security Disability Questions
Getting Disability Benefits
Social Security Disability Claim Advice
How to get approved for SSI disability
Can I win my disability case ?
Social Security Disability and the right doctor to win?
Social Security Disability Applications
Medically Disabled for Social Security Versus the Definition of Disability
Social Security Disability List of Impairments
Can I improve my chances of winning disability ?
If I get approved for disability will I get back pay ?
The social security disability process for disability claims
Disability Claim denied
Disability Applications
How do I Apply for Disability Benefits ?
How to get Approved for Disability - Information on claims
Appealing a Denied Disability Claim
What to do after a Disability Claim is Denied
Disability Lawyers and Finding YOUR Disability Lawyer
SSI Claim for Disability benefits
Questions about Disability benefits
Social Security Disability Frequently Asked Questions and tips
More Frequently Asked Questions about Social Security Disability and SSI
Questions about applying for disability - Advice and Tips
Questions about Social Security disability SSI plus advice tips
The list of lists Social Security Disability SSI Tips Advice
Questions about SSD Social Security Disability FAQ
Social Security Disability Mistakes
Social Security Disability and Medical Conditions
Social Security Disability Residual Functional Capacity Form
Residual Functional Capacity - Social Security Disability and the RFC form
Update on a Social Security Disability Application
Drawing Social Security Disability Benefits for a medical or mental condition
What's so hard about filing for disability?
How much does it cost to process a Social Security Disability Claim?
Anxiety and Panic before a Social Security Disability Medical Exam
Social Security Disability Benefits and Pain
How does Social Security Disability use your Work History?
I Never Met With My Disability Attorney before my SSD Hearing
Being Prepared for a Social Security Disability Hearing
Social Security Disability and Fibro Fog
Social Security Disability Psychological Exam and Questions that get Asked
Decisions on Disability Applications - Fully and Partially Favorable
How will a Social Security Doctor determine my illness?
How long does it take to get a decision from a Disability Judge?
Questions about social security disability hearings
Claim denials, denied cases, and being turned down
Should your Doctor determine if you get Social Security Disability or SSI?
Social Security Disability Hearing Decisions
Appyling for SSD - Disability Application Information
Social Security Disability SSI and Hepatitis
Will you get Social Security Disability if you can't do your old job?



Posts about Conditions

Cancer
Type I Diabetes, Type II Diabetes, Diabetic Retinopathy
Fibromyalgia
Bipolar Disorder
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Heart Disease, Heart Attack, Congestive Heart Failure
Back Pain, Ankylosing Spondylitis, Spinal Stenosis, Degenerative Disc Disease










Recent Denial Rates for Disability Applications

Filing for Disability in California - In California, 55.5 percent are denied.
Filing for Disability in Texas - In Texas, 61.5 percent are denied.
Filing for Disability in Pennsylvania PA - In pennsylvania 55.1 percent are denied.
Wisconsin - 62.6 percent denied.
Filing for Disability in Washington - 58.9 percent denied.
Filing for Disability in Virginia - 61.6 percent denied.
Filing for Disability in Massachusetts - 54.7 percent denied.
Maryland - 66 percent denied.
Filing for Disability in Michigan- 64.1 percent denied.
Minnesota - 57.6 percent denied.
Mississippi - 72.8 percent denied.
Missouri - 66.8 percent denied.
Nevada - 50.4 percent.
Filing for Disability in New Jersey - 50 percent.
New Mexico - 59.6 percent.
Filing for Disability in New York - 61.9 percent.
Filing for Disability in North Carolina NC - 67.2 percent.
Filing for Disability in Ohio - 71.1 percent.
Oklahoma - 66.1 percent.
Oregon - 66.3 percent.
Arizona - 53.4 percent.
Arkansas - 63.2 percent.
Colorado - 73.7 percent.
Filing for Disability in Florida - 64.9 percent.
Filing for Disability in Georgia - 71.8 percent.
Filing for Disability in Illinois - 61.2 percent.
Filing for Disability in Indiana - 67.8 percent.
Kansas - 67.3 percent.
Kentucky - 67.7 percent.
Louisiana - 68.8 percent.
Filing for Disability in Tennessee - 74.3 percent.
Alabama - 70.6 percent.
Connecticut - 62.2 percent.
Utah - 69.8 percent.

























Note: This blog is not intended as medical advice or legal advice, should not be construed as such, and does not establish a representative-client relationship.