One of the biggest complaints I hear from my clients has to do with the delays that plague the Social Security disability system. Why should a claimant have to wait 2 to 3 years to get a decision on his application?
When you file your claim, there are 5 different points in time where you can be approved:
- initial application
- reconsideration appeal
- administrative law judge hearing
- Appeals Council review
- District Court appeal
For most claimants, the Appeals Council and District Court appeal do not come into play. Very few cases are taken to these levels of appeal and even fewer are approved.
Thus, for all practical purposes, most claimants should be concerned about getting approved at the “State Agency” level – initial application and reconsideration, or at the “Administrative Law Judge” level – the hearing.
In terms of the time frames involved, a decision on your initial application will be made within 4 to 6 months after you apply. If you are denied, and file a reconsideration appeal, that decision will be made within another 4 to 6 months. The initial and reconsideration phases of your case, therefore, will be complete within 8 months to 1 year after you apply.
If you are denied at reconsideration and you request a hearing, you are likely to see a 12 to 18 month wait. As you can see, it takes twice a long to get a hearing as it does to get a decision from the State Agency. [Read more…]
