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Question: How Long Does the Claim Pro...

Social-Security-Disability-Forum » Question: How Long Does the Claim Process Take? Can I Speed It Up?  

I would talk to an attorney before filing, but you can file yourself, too. As soon as you become disabled, and are working erratically or not working, you may apply for disability at any Social Security office. You may also apply by phone. The best way to start is to call 1-800-772-1213. Most people who are comfortable writing answers find that a telephone appointment is the easiest way to file. If you are not comfortable with a lot of writing, set an appointment to apply in person.

The claims process for disability usually takes longer than for other Social Security benefits. So the sooner you apply, the better. Here are some ways to speed up the process. Be sure you have the Social Security number and proof of age for each person who is applying. This includes your spouse and children, if they are also filing for benefits. You'll need the names, addresses and phone numbers of your doctors, hospitals and other health care providers, plus the dates of treatment. List the names of all medications you are taking. Obtain copies of medical records from your doctors, therapists and caseworkers, as well as lab or test results. You'll need to give a summary of where you worked in the last 15 years, and what type of job you did. Take a copy of your w-2 form, or your federal tax return, if you're self-employed. The Social Security office will help you fill out all the necessary forms. They can also help you get the information you need, to process your claim.

If you need help with a disability application and live in North or South Carolina, please call us at 1-800-775-3985 or click here to e-mail us.

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Jan B.

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Posted on Tuesday, August 07, 2001 - 10:50 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

My husband filed for disability due to congestive heart failure on march 16.2001 they in turn lost his file and when it was found we were told it was sent to Atlanta for rechecking. now they say it will be the end of August before we know anything. Is this normal? I thought we were supposed to hear something in about 90 Days. Can anyone offer some insight here. Thank You
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Paul McChesney (Admin)

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Posted on Wednesday, August 22, 2001 - 5:04 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Alas, 90 days is not the time it takes in most parts of the country. I cannot speak for every location, but in the areas I know of, it can take about 5 months for an initial decision. But the local office keeps telling them 4 months. You can make this faster by being sure the medical records get to the Disability Determination Service quickly.

Sample cases are sent to regional offices for review. My feeling is that recommended favorable cases tend to be reviewed more, so this is a good sign, but it can add a month or more to the process.
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drakeequate

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Posted on Tuesday, June 05, 2001 - 8:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I just applied in june 2001 for SSD disability due to a herniated disk injury. I had surgery to remove the disk fragments, but I now have some nerve damage resulting from the hernia crushing the nerves, plus I have two other bulging disks that are threatening to give me problems if I strain myself again in the future. First question, does my case match the criteria for disability benefits? I can't sit or stand for any length of time, and have weight limitations.

Secondly, how long does is REALLY take SS to process and approve my claim? According to their book, it takes from 60-90 days, and they pay retroactively from the point in which you are disabled==but from reading other posts here, it seems people are waiting years to get approved and paid. Thanks for your help!

Reply by Paul:
1. Don't confuse the time it takes to get an initial determination with the time it takes to win. Here are the levels of appeal, odds for the random claimant, and approximate time in my area. The times vary drastically around the country, and the odds vary drastically from claimant to claimant, and from judge to judge:
Claim level Percent successful Time to decision
Initial 33% 4-8 mos.
Reconsideration 12% 4-8 mos.
Hearing 65% 6-12 mos.
Appeals Council 2-10%* 4 mos.-2 years!
District Court 25% 10 mos - 1 yr.
Court of Appeals very low volume

The Appeals Council statistics make things look worse than they really are; if you have a good attorney your chances are a lot better than that.

The odds are very different depending on your particular case; you don't want to know if the average person will win; you want to know if you will.

2. As to your claim, I do not have enough facts to answer. If you can do sedentary work, and are under 50, or are over 50 and have transferrable skills, you might be found not disabled. Or, if there is medical evidence in your file that makes you look less disabled than you are. I would sit down with a lawyer.
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Ben

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Posted on Friday, September 14, 2001 - 1:33 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have a similar back problem, along with carpal tunnel syndrome and have been fighting for my disability for six years. I won in court about a year and a half ago, but then the appeals board appealed the judges decision, so it took me another year and a half to get back to court and win again. (A total of six years) But I understand that this time varies widely.

Reply by Paul True. It varied more widely for you than for most.
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Ben

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Posted on Friday, September 14, 2001 - 1:38 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

One other thing I forgot to add that I've heard plays a big role in the time frame is your age. From what I understand it is easier and faster for someone that is around the age of 50 or above than it is for someone that is younger.(I am 33, hopefully this will be of some assistance to you)

Reply by Paul It is often true that it is harder for someone under 50 to get an award, and in that sense it can take longer, since he or she tends to be denied at more levels. But once allowed, all age groups are treated equally poorly.
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JMoore

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Posted on Wednesday, October 03, 2001 - 9:25 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Claimants have had some luck in speeding up their claims here (NJ) by contacting their local congressman's office and explaining their situation.

I don't think it would hurt your case.
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Bill Boss

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Posted on Wednesday, February 27, 2002 - 11:26 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had my Hearing Jan 14,2002.The judge approved my Disibility Benefits the day of the hearing.I've been trying for these since July 6 2000.Does anyone know how long the wait is from approval to getting any money? Thank You, Bill Boss
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Paul McChesney (Admin)

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Posted on Friday, March 01, 2002 - 12:08 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

That varies a lot. For hearings in Charlotte, for example, it usually takes the judge about 3 weeks to get the decision out, and the Administration about 2 months after that to start paying. But in Columbia, some of the judges will hold the decisions for 3 or 4, or even sometimes 9 or 10 months, and you have to start writing Congressmen to try to get the decisons out.
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ANGIE

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Posted on Saturday, June 22, 2002 - 2:13 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

MY MOTHER HAS APPLIED FOR DISABILITY ABOUT 7XS. SHE HAS FMS AND SEVERAL THINGS WRONG W/HER BACK. SHE WENT TO COURT & THE JUDGE FINALLY APPROVED FOR HER TO RECIEVE HELP & ABOUT A WEEK LATER THERE WASN'T EVEN A RECORD OF THE COURT DATE ETC.. SHE IS NOW GOING TO OSHNERS HOSPITAL IN NEW ORLEANS. SHE HAS DEFINITE VISIBLE PROOF OF A DISABILITY NOW. SHE WILL HAVE SURGERY ON THE 1ST OF NEXT MONTH. SHE HASN'T BEEN ABLE TO WORK FOR 2YRS. SHE'S BEEN ON STRONG PAIN MEDS. SHE HAS ASKED SEVERAL PEOPLE IN "HIGHER" PLACES HOW COME SHE KEEPS GETTING TURNED DOWN & ALL THEY SAY IS THAT SHE JUST KEEPS SLIPPING THROUGH THE CRACKS. SHE WANTS TO KNOW HOW TO KEEP FROM SLIPPING THROUGH THE CRACKS! DO YOU KNOW WHAT SHE SHOULD DO? THANK YOU VERY MUCH FOR YOUR TIME.

Reply by Paul She should hire a Social Security lawyer, and a good one.
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Sandra Cardwell

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Posted on Tuesday, June 25, 2002 - 12:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am a 36 y.o. I have been at my current job for 10+ years. I have an anxiety disorder, tic disorder, obsessive disorder. It is very difficult to work. Would it be possible to receive SS Disability? I can't afford to be out of work, can I file for SS Disability while still working? Thanks!

Reply by Paul Possibly; it depends on how severe these problems are. There is a section of this forum that is devoted to trying to file while you are working; see the answers there. As to whether you should file, I would sit down and talk to an attorney that handles a lot of these sorts of claims.
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Bill Ammerman

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Posted on Thursday, November 07, 2002 - 2:01 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

approved for SSD on 9/26/02, how long can I expect to wait for the benefits to begin showing up in my account?
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Paul McChesney (Admin)

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Posted on Friday, December 06, 2002 - 6:10 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

In SSI cases, the lump sum credit or check often comes about a month and a half after you talk to them and give them all of the documents and information they ask for, at about the same time that the notice telling you how much the check is going to be.

In a Social Security disability claim, the monthly check often comes about the same time as the notice telling you how much the check is going to be. At the initial and reconsideration levels, this is often the first notice that you have been approved. At the hearing level, you will first get a decision by the judge, and will usually get the first check and the notice about 2 months later.

In Social Security claims, the lump sum will come at about the same time if you do not have an SSI case also. If you have both kinds of case, the lump sum Social Security check will be delayed about 3 months while they figure the offset.

It is not unusual for the Administration to simply forget to send a check. If that happens, you should bug them a few times, then contact your congressman or senator, and finally if desperate, hire an attorney to file a mandamus.

Take care and good luck.
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Jan B

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Posted on Saturday, September 29, 2001 - 10:12 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

After filing for disibility in March .. my husband followed all the rquest .We waited until July to call Raliegh and was told his file was lost ..then when it was found we were told it was being sent to Atlanta ,but had received a favorable response from state. After waiting til August I called and was told his caseworker in Raleigh no longer had anything to do with his case ,but we should here something in about 5 weeks. Now it is September and on the 7th we received a leter fom Raleig sayiny Atlanta need med records (the same ones as were sent already) and a list of husbands DR's (they have that also.Now it is the end of September ,any idea if there is someone I can call to make sure it isnt lost again. I called the caseworker she again said it was out of her hands . The local office was very rude and stated we would probally know before they did. I know other people have it worse than us ,we have a 25 year old son at home paying bills as best he can,but he cant pay bills that his Dad and I made becuse his income isnt enough. Thank you for being here to help us people "STUCK IN THE RED TAPE."
We have not gotten an attorney yet. JAN.B

After filing for disibility in March .. my husband followed all the rquest .We waited until July to call Raliegh and was told his file was lost ..then when it was found we were told it was being sent to Atlanta ,but had received a favorable response from state. After waiting til August I called and was told his caseworker in Raleigh no longer had anything to do with his case ,but we should here something in about 5 weeks. Now it is September and on the 7th we received a leter fom Raleig sayiny Atlanta need med records (the same ones as were sent already) and a list of husbands DR's (they have that also.Now it is the end of September ,any idea if there is someone I can call to make sure it isnt lost again. I called the caseworker she again said it was out of her hands . The local office was very rude and stated we would probally know before they did. I know other people have it worse than us ,we have a 25 year old son at home paying bills as best he can,but he cant pay bills that his Dad and I made becuse his income isnt enough. Thank you for being here to help us people "STUCK IN THE RED TAPE."
We have not gotten an attorney yet. JAN.B

Reply by Paul

Believe it or not, a referral to Atlanta, that is, from the state Disability Determination Division to the Regional Office for "quality assurance review" is good news. My experience is that quality assurance review tends to happen in cases they are considering paying.

It is not uncommon for records to be misplaced. Get a copy and hang on to it in case it happens again. The Raleigh office has the Atlanta office number, if they will give it to you, or you can probably trust what your Raleigh caseworker says. Send the records to the caseworker, and that might speed up things.

Don't bother talking to the local office, if you ask me. They probably won't help.

You might try calling your senator; Jessie has a lot of seniority, and might make Atlanta get to work.

I would guess that you are very close now, and there is no sense in hiring an attorney at this point, unless you can't get your caseworker and Jessie to help in the next month or so. But if you are turned down you certainly should hire an attorney. It would mean you have a strong case, but there is something wrong with it, with which an attorney can help you, probably.
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Ophelia Simon (Osimon1065)

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Posted on Thursday, April 03, 2003 - 10:05 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had a SSD hearing before a judge in Florence every since the last week in February '03. Tomorrow makes 6 weeks since the hearing, how long does it usually take? Is the wait time good or bad? I'm a little afaid cause the judge made a comment about me washing clothes in my basement, I DON'T HAVE A BASEMENT! He was very, old, in his early 80's. How could he have made such an era. Where did he even get such an idea from. I wonder if he mis-interpreted anything else? Is there a way I can check on the status of my case? Can I call the Federal building in Florence where the case was held to inquire from his staff? I'm not getting any better, worse if anything.
osimon in SC
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Paul McChesney (Admin)

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Posted on Friday, April 18, 2003 - 6:01 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had a SSD hearing before a judge in Florence every since the last week in February '03. Tomorrow makes 6 weeks since the hearing, how long does it usually take?

With the Columbia judges, anywhere from 2 months to forever.

Is the wait time good or bad? I'm a little afaid cause the judge made a comment about me washing clothes in my basement, I DON'T HAVE A BASEMENT! He was very, old, in his early 80's. How could he have made such an era. Where did he even get such an idea from. I wonder if he mis-interpreted anything else?

You will find out when the decision comes out.

Is there a way I can check on the status of my case? Can I call the Federal building in Florence where the case was held to inquire from his staff?

Call the Columbia Office of Hearings and Appeals. Their number should be on your correspondence from them.

I assume you don't have a lawyer. Get one to look at the decision if unfavorable.
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Paula B

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Posted on Tuesday, September 30, 2003 - 10:44 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hoping I can get some answers and guidance. My husband was an insurance professional. He was formerly a claims manager when he was diagnosed with BiPolar Manic Depressive Disorder. He was working in Kansas at the time. We are living in South Carolina where we are both originally from. Within the past three years he has had a hip replacement due to perthes disease and has had the diagnosis of schizophrenia added to his mental disorder. He has struggled to hold a job and simply is not going to be able to.

I am supporting both of us and need to find out about SSDI -- how long does the process take? What are the chances of getting approved? How much back pay is he entitled to? He has worked over the past three years but none of the jobs have lasted longer than 6 months. He was recently hospitalized for Schizophrenia and BiPolar Disorder.

Thank you
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Paul McChesney (Admin)

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Posted on Friday, October 24, 2003 - 6:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paula B:

how long does the process take?

In South Carolina as of 2003, 3-6 months at each of the first two levels, and 9-12 at the third, hearing level.

What are the chances of getting approved?

If his condition appears in his medical records to be as severe as you described, pretty good once he gets to the hearing level, and fairly good at the earlier levels.

How much back pay is he entitled to? He has worked over the past three years but none of the jobs have lasted longer than 6 months.

Hard to say. For Social Security Disability, you get no benefits for the first 5 months you are disabled, and you can only draw starting one year before your application. If his work attempts are found to be "unsuccessful," they might be ignored. Generally, 6 months is the outside limit of what might be considered an unsuccessful work attempt. It is going to take some clever lawyering to get benefits during those months.

Certainly he needs to apply.
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TERESA

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Posted on Thursday, September 25, 2003 - 12:09 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi,im new here and was wondering if anyone could help me?Ok my husband signed up april 2003 for SSI and SSDB and they sent him to two Doctors and in july they sent a letter stating that they needed the address and other information from a job he had back in '99'and thats all we've heard.. so today i called my local social security office and they told me that it was approved in frakfort,ky on august,03 and it has been put in the REVIEW BOARD since august26,03 and they told me within 7days from now they would contact me and let me know whats going on and he hasn't worked since oct2002 and my last contact with the social security office they also wanted to know if i was going to be over his check...so any answers would really help us out???? thanks so much
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Paul McChesney (Admin)

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Posted on Sunday, February 29, 2004 - 5:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Teresa, most disability cases are referred to the "state agency," which is generally a subdepartment of your state government's Vocational Rehabilitation department, for them to make a recommended decision on the question of disability. Most or all of the time that the state agency recommends a favorable decision, the case is sent to a "quality review" branch of the Administration. Their review takes about 30 days around here right now. The will reverse the recommended decision fairly often.

So the fact that it is referred to quality control is a good sign, but does not mean that you are going to win for sure.

If they don't issue a decision in about two months from the date of the referral to quality control, make phone calls yourself, get your congressman to, or hire an attorney to harass them.

It is common for the government to find a later onset date in cases decided favorably at the initial and reconsideration levels; watch for this and think carefully about appealing if you are not satisfied.
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angie delli-veneri

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Posted on Monday, March 15, 2004 - 10:51 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I'm a 42 year old woman, I've had two known heart attacks and still suffer from what they call spasms. The doctor recently wanted me to go into a testing for a certain drug to help with the spasms' after seeing the films on the heart catherization he said it would be to much of a danger going through another one to see if anything has changed. So he put me on the drug they're using in the test. I'm still experiencing spasms. Am I entitled for disibility?
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Nancy Sandoval

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Posted on Wednesday, March 31, 2004 - 1:18 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, my name is Nancy. I applied for disability on February 12 of 2004. I just spoke to disability determination examiner and he told me he received all the medical information he requested but didn't get one of the psychiatrists medical forms. I said I was going to call the Dr. but he told me he has enough information right now to hand it in to his Dr.'s for a decision. He said my claim maybe one of the claims to go to quality control. he should have a decision in another week and let me know if it will go to quality control which will delay it another 4 weeks. Is this a good sign?
I suffer from Depression, Anxiety
Do you think I have a chance? Is there anything I should do in the meantime to help my case?
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Paul McChesney (Admin)

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Posted on Thursday, April 29, 2004 - 2:53 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Nancy: To answer your questioins:

Is this a good sign? Cases that go to "quality control" tend to be cases with favorable recommendations. Not always.

Do you think I have a chance? I would need to see the medical evidence to have a good idea.

Is there anything I should do in the meantime to help my case? There are probably a hundred things. A short list of wild guesses which might not apply in your case, just to give you an idea: Get the form yourself. Be sure all the medical records are in. Be sure they are helpful. Get a statement from a doctor saying you have limitations that a vocational expert would say establish disability. Get a vocational expert's statement that those limitations do establish disability. Get a doctor's statement that you meet the listings of impairment. Get medical testing done that shows impairment. Hire a lawyer to do all that. Lots more.
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Joanne Dugan

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Posted on Tuesday, November 04, 2003 - 12:14 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I have been before the admin. law judge, and I was so fortune it to have him approve my case right then and there! It has been five weeks since the hearing and I still have not received any benifts. How long does it take before I will get my first chack? I have been fighing this case for three long years and am growing impatient. Any information as to how long I might have to wait? thank you so much!
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Paul McChesney (Admin)

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Posted on Saturday, April 24, 2004 - 6:19 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

This varies a lot depending on the area you live in and the particular judge. For example, in Charlotte, NC, the decisons come out in 3-4 weeks like clockwork. In Greenville, SC, in about 2 months in most cases. In Columbia, SC, anything from 2 months to 10 months or more.

There is not much you can do about speeding the judge up. If it has been several months, you can gently check by phone and make sure the decision is not accidentally on hold for some reason. If the judge is waiting for something, get it.

If it takes many months, you can try writing your congressman. Theoretically, an attorney could petition in Federal District Court for a mandamus, by which a District Judge could order the ALJ to issue a decision; but as a practical matter this is never done: it would have to be really, really late for the District Judge to order action, and you probably would not like the decision you would get.

Sometimes when a decision is delayed we send in some new evidence and a nice letter summarizing the merits of the case.

Unfortunately, once the decision is issued, it takes another couple of months to get a check.

If you have an SSI claim, after you get a favorable decision, get right down to the local office and show them a copy of it. They will give you a list of things you have to get. Get them all quickly, and the check will come faster.
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bemeup911

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Posted on Tuesday, February 24, 2004 - 4:46 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I am 47 years old and have worked for the last 18 years doing moderate physical labor. In 1986 I had chymopapin injections for 2 ruptured disc. Since then I have had 4 back surgerys. 2 disc cervical, the latest was a 3 level fusion in the lower back. My neurosurgeon has made the statement that they "ONCE" thought the chymopapin was the way to go. His theory is sometimes the stuff doesn't quit and keeps working its way up the spine softening the disc. I am very upset as the way I am currently feeling, a constant state of pain, if I will ever be able to return to work. Exactly how long does applying for disability benefits until you are approved?
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Paul McChesney (Admin)

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Posted on Saturday, April 24, 2004 - 6:32 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

That varies drastically depending on the area of the country. In upstate South Carolina, it can take 3-6 months at the initial level, 3-6 months at the reconsideration level, and 12 months at the hearing level. If you are denied there, it can presently be around 9 months to the Appeals Council and a year or year and a half at the Federal District Court level.

Statistically, more people win their claim at the initial level than any other level; about 1/3 of the cases are won there. I never see those people, and I don't know where they are hiding. Only 10% win at the reconsideration level, about 60% at the hearing level, about 25% at the Appeals Council, and about 15-40% in Federal District court.

Nationally, very few cases are appealed beyond the hearing level, though there are some lawyers, like me, who appeal most cases that are denied at the hearing. One of the secrets of success is to keep appealing, and not to despair.
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d.williamson

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Posted on Monday, November 10, 2003 - 8:29 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

48 year old nurse . i have end stage renal failure called bergers disease i'm flat worn out besides the animea and continuous blood loss and hypertension not to metion panic potassium i'm not understanding how to wait a year with out any money to live never mind get medications and doctors would it not be more american to just shoot ones self??
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Paul McChesney (Admin)

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Posted on Saturday, April 24, 2004 - 9:04 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

It would be more American to go postal, but don't do that. Many nurses are so tough that by the time they quit it is possible to get benefits at the initial level. It might not work, but do these things, each of which is calculated to get a favorable decision closer to the time you stop working. I assume that you have not yet quit:
Right now:
-Line up your doctors, and be sure they will help, before you quit. Stop seeing any doctor that will not state clearly that he will help you with a claim.
-Cut your expenses ruthlessly and put money in the bank.
-Get a job somewhere that has long term disability, which will often pay right away.
-Get your medical records and sit down with an attorney who does a lot of this and make sure you are set up right.
When you start missing work:
-Hire a lawyer
-Once you are out for a little while, immediately file, and maybe go back to work (don't do this one without a lawyer).
-Timing on going all the way out of work is tricky.
Once you finally quit:
-Get your lawyer to get a strong statement saying exactly what the lawyer says is necessary from every single doctor.
-Have a contingency plan in case you don't win at the initial level.
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Jessica

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Posted on Thursday, May 06, 2004 - 10:40 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Like a recent message you answered here, my file was "decided" with lightening speed,(within a week of my one and only CE) and sent from Columbus, OH to Chicago for Quality Assurance. He couldn't tell me their decision, since it could be changed.

I know my primary care doc and my pyschologist were supportive of my claim and sent their materials in.

But I signed no less than 15 medical releases, and have nearly an equal number of diagnoses! Most of my symptoms are neurological and invisible, including CFS, narcolepsy, frontal lobe atrophy, heavy metal issues, immune system irregularities. My MRI/EEG/Tilt table/Sleep studies/Neuropysch/blood work are all abnormal or positive to varying degrees.

I'm wondering how they could make a decision without waiting for all of the doctors to file the forms and records? Is that proper? Is it a good or bad thing?

Do you know how long it is taking the Chicago office to review the files presently?

I'm so confused by all this. I guess a quick decision is better than waiting around? Ugh. It's all depressing.

Thanks for your help!
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Paul McChesney (Admin)

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Posted on Saturday, May 15, 2004 - 6:45 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q. I'm wondering how they could make a decision without waiting for all of the doctors to file the forms and records?

A. They can do what they like. They will do all sorts of weird things, since "they" are actually a group of individual caseworkers.

Q. Is that proper?

A. They are supposed to buy the recent medicals.

Q. Is it a good or bad thing?

A. It depends on what medicals are floating around out there. If they happened to get the ones that helped you, and failed to get the record from the one idiot doctor that said that there was nothing wrong, it is perfect. Or it could be the other way around.

I personally don't want them to write for anything. I want to get it myself.

Q. Do you know how long it is taking the Chicago office to review the files presently?

A. No. Ask a Chicago lawyer. If he can't answer that question, don't hire him.

Q. I'm so confused by all this.

A. Of course your are. It is a complex process that you have only been through once.

Q. I guess a quick decision is better than waiting around?

A. There are a certain class of cases that will be won in the long run, but will not be won at the initial level. For them, a quick denial is the best outcome. I cannot tell whether yours is one of these.

Q. Thanks for your help!

A. No sweat.
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CurtisMichaels

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Posted on Wednesday, June 09, 2004 - 11:33 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I hope I am not out of line here but I am in need of a referral for an attorney. Just turned down after applying 5 months ago. I am totally "bummed out" ... I thought this would be a slam dunk. Boy have I been naive! This is really getting next to me, not being able to provide for my family...it sure does a number on ones self esteem... My income replacement benefits have just run out (I was a self employed trucker leased on to a larged company when I was injured therefore no workman’s comp) after paying me benefits for 2 years. I fell about 14 feet and injured my back but it is one of those difficult to quantify injuries…none of the medical people denies that its there or that it happened it just doesn’t show well on an MRI or X rays. (Nerve damage) I was advised by several people in the "system" (SS employees) that I should not have a problem receiving total disability...once again, silly me! The same insurance company that has bee paying me income benefits just paid in excess of 20 thousand, that’s right folks, 20 GRAND for a powered wheelchair that I need much of the time (but not 100% of the time)to function yet SS says I am not disabled?? (The list price was thirty thousand!) I also have just been approved for a pump device that is implanted under the skin and pumps morphine directly into the spine via a catheter. I digress...sorry...anyways I believe that I have a very strong case and have been told over and over by others as well that I do, I currently hold the record for the amount of Oxycontin prescribed daily (once again that what several docs have told me) just to survive the pain on some level. Thanks for allowing me to vent and I apologize if this isn’t the right place to do so. I would sincerely appreciate any feedback, suggestions, referrals or just plain old conversation. God Bless, Mike
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vonda hester
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Posted on Monday, July 19, 2004 - 11:37 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I was denied Disability around the end of May. I have appealed the decision. How Long will this step take? What happens after that?
I suffered a devastating mental collapse last fall, have had therapists and physciatric help continuously and still hiding out most of the time, very emotionally vunerable, and thinking of doing things to myself, but haven't because of family's love. What I want to know all is "Does a mental illness such as mine mean that they will treat me as less disabled? Thank you.
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Paul McChesney (Admin)
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Posted on Thursday, July 22, 2004 - 6:22 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Q.:I have appealed the decision. How Long will this step take?
A.: It varies by area of the country, but a range of 3-8 months is sort of typical as of 2004.

Q.: What happens after that?
A.: If you win, you get a check. But that is unlikely. Nationwide, only 10% or so win at the reconsideration level, and your chances are lower if you don't have an attorney.
If you lose, you can appeal and go to a hearing, where your chances are better.

Q.: Does a mental illness such as mine mean that they will treat me as less disabled?
A.: I say a lot of bad things about the Administration, but one thing I will say in their favor is that they treat mental illness on about the same level as physical illness.

Thank you.
Sure.

Some lawyers take cases only at the hearing level, but I would hire one right now if I were you. Take care.
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PJSmith
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Posted on Saturday, October 16, 2004 - 12:39 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi, can someone help me with a question please? I got my fully favorable letter about 4 wks ago and on the front page it was dated for Aug. my question is how long does it take to get a check for back py after I got the letter? I am 3 pymts behind on mortg, one yr behind on property taxes, and a triple elec bill so u can see time is crucial. This is for ssd. Thank you very much ! Hanging in there from Fla
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Paul McChesney (Admin)
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Posted on Sunday, November 14, 2004 - 2:45 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hard to say. If it is like around here, and it might not be, you normally expect the check within a few weeks or a month of the notice.

If that does not happen, I would get down to the local office and raise sand. And contact your Congressman or a Senator; if they are good they can often get lost cases started up. Show them your forclosure warning and such. If desperate, consider hiring a lawyer.

And you might show your favorable decision to your creditors; occasionally that helps.
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Debra Roan
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Posted on Wednesday, December 22, 2004 - 1:15 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had a hearing before a judge on June 4th 2004. I called and all they tell me is that my claim is with the disability writer. My question is how long does it take to write a decision and what could be the long delay? Thanks for any information you may have.
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Debra Roan
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Posted on Wednesday, December 22, 2004 - 1:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

By the way, I will be 50 on the 1st of Feburary and initially filed in March of 03.
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Paul McChesney (Admin)
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Posted on Thursday, December 30, 2004 - 6:19 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Well, since it becomes more difficult to turn you down when you turn 50, the delay has not been all bad, if you have a close case.

The time it takes to write a decision varies drastically from office to office. For example, in Charlotte, NC, almost all decisions go out in about 3-4 weeks. In Greenville, SC, most go out in 2 months. In Columbia, a large proportion go out in a couple of months, but a substantial minority take 6-7 months. In some other offices the wait is even longer.

So, what can you do about this serious problem? In the normal case, I try calling on a regular basis, and asking when I should call back. Call back a few days after that deadline, and explain that you waited a few days, and fill them in on any financial difficulties. Write a letter setting out those difficulties. Always be pleasant and patient sounding, but don't give up.

Save a copy of your letters. After a certain period of time, I guess 7 or 8 months, you can consider hiring a lawyer to file what is called a mandamus in Federal Court. The problem is that if you force the judge like this, he will probably be mad; so you should try the pleasant persistence first.

In your particular case, depending on the facts, you might not want to nag until February.
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preston (Unregistered Guest)
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Posted on Saturday, March 18, 2006 - 10:40 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

hello i'am new ,igot my fully favoable dession on feb 17 2006 and now everythings in the payment center. i was award both ssi/ssd now how much longer do i have wait on an award letter are money
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Paul McChesney (Admin)
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Posted on Saturday, March 18, 2006 - 4:51 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

After you get a fully favorable decision at the hearing level, in my area in 2006, it takes about 2 months to get the first Social Security check and the lump sum SSI, and about 2 more months to get the lump sum Social Security Disability check.

If you only had an SSI claim, or only a Social Security disability claim, you would get one and only one lump sum, in about 2 months, followed by monthly checks.

The extra 2 month delay is the time that it takes the SSA to figure out how much SSI you have been paid, and to adjust the lump sum Social Security check.
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Nichole S, (Unregistered Guest)
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Posted on Wednesday, March 29, 2006 - 10:24 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Hi.. new here and I am at a cross roads. I dont know if i should apply for SSD or SSI or what I should do. I am 31 and have had a pacemaker since birth it was implanted because of a severe atrial flutter (slow heart rate) and congenital heart defect and over the years I have become more dependant on it. I recently found out that my DR. wants to try and remove scar tissue (about 20+ yrs worth). My last day of work was in December and my Dr has decided I am not to return to work. Thing is, we don't know if I will be able to return to work after all of this and I don't know if I should start the application process or not. I have had people tell me that my parents should have applied for this when I was a child but they never did. I am wondering if I should apply for anything at all, what my chances are, and if I should get a lawyer to help me?
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Nichole S. (Unregistered Guest)
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Posted on Wednesday, March 29, 2006 - 10:25 am:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I should add that, our bills are mounting and my husband is becoming not able to keep up with them and it is getting harder to feed our family (a household of 6). I was told that if the scar tissue can't be removed then daily life and activities are going to continue to wear on me (as the blood had to find its way through the scar tissue to pump properly) and I will continue to become more dependant on the pacemaker.
even my employer told me I should apply for everything out there right now... She had to terminate me because I couldn't come back to work after FMLA was exhausted. BTW... we are in Ohio

Thanks in advance!
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Lin Davis (Unregistered Guest)
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Posted on Monday, June 19, 2006 - 8:39 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

I had my appeal hearing with the ALJ on May 4 2006. I went in unrepresented. I suffer from Major Depressive disorder (recurrent) w/out psychotic episodes and Panic Disorder. The ALJ was very rude, and became moreso when I corrected him on many facts that he had incorrect, such as my wages, he stated 3-500 per week, where as I am paid bi-weekly. He also flung my file on table when I brought a letter from my therapist in which she stated that although I was a weekly client, she was never contacted by the SSA. I am very concerned that I will be denied and am wondering if you had any foresight due to your experience. I live in MA an have been told that it is much harder for an approval in this state.
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Les S.

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Posted on Saturday, December 08, 2001 - 1:26 pm:   Edit Post Delete Post View Post/Check IP    Move Post (Moderator/Admin Only) Ban Poster IP (Moderator/Admin only)

Paul I applied for SSD in June,2001 because of chronic pain in my back and legs after two back surgeries. I had to go see a psychiatrist, Deanna McNeil, for SC vocational Rehab in late Oct. How long do you think it will be before I hear anything else?

Reply by Paul In SC, probably about a month or two. Give me a call if you are turned down. Good luck.

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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