Thursday, December 22, 2011

How Long Does It Take To Receive A Decision?

Ready for the answer that you didn't want to hear? It depends ...

Every single client that walks through the door of my office or that speaks with me on the phone asks me the same exact question. The truth is there is no way to give you a definitive answer. The process can take anywhere from three months to two years (even longer if you file appeals after the Administrative Law Hearing).

The average wait time for a decision at the initial application level is about three to five months. I've had clients who received responses in less time and at the opposite end of the spectrum, just last month my client who had applied almost eight months ago was awarded SSD at the initial application.

If you live in a state that has Reconsideration, this is the technical name for the appeal you file if you are denied at initial application, this stage also typically takes from three to five months. If you live in New Jersey, you must file for Reconsideration. If you live in New York, Social Security skips this step and after you are denied at initial application you immediately Request A Hearing in front of an Administrative Law Judge.

Typically the longest period of time where there is literally no movement on your application for disability benefits is when you request a hearing. As you can imagine, there are a lot of people filing for disability benefits and not enough judges. This results in waiting anywhere from eight months to fourteen months from the date you request the hearing until the date you are scheduled to appear before an Administrative Law Judge.

Sadly, the wait doesn't end here. Some judges will let you know on the spot whether they are going to approve your disability benefits. However, the majority of the time you must wait to receive the judge's decision in the mail. I've had clients told by the judge the day of the hearing that they were awarded, I've had clients who were informed of the decision within a week or so and then there are the judge's who don't send their decision for over four months from the date of the hearing.

You see, it really is an "it depends" answer. In my opinion, anyone that tells you that they can guarantee you a decision within a set period of time is lying to you.

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