Initial Application. The appeal is submitted to the Social Security Administration Appeals Council. The Time Involved on a Social Security Disability Decision The actual time it takes to receive a disability decision depends on several variables, such as how easy or difficult it is for a disability examiner to get copies of your medical records, as well as how many cases are piled upon the disability examiner’s desk awaiting review. The disability claims process take you down the path of the 5 evaluation steps. However, they would not be able to tell you weather it is approved or not, as it is Social Security that makes the final decision. The disability examiner uses this information to make a disability determination with the help of a "medical consultant" (a doctor who works for Social Security). You must file a complaint in federal district court within 60 days of the Appeals Council decision. Just as the Social Security Administration conducts a continuing disability review to determine if you still qualify as disabled, it will also review your income, resources, and living arrangements periodically to confirm that you continue to meet non-medical eligibility requirements for benefits and to make sure that you are receiving the correct payment amount. In writing up the medical decision, the examiner will discuss whether your impairment It will often take the judge a few weeks to make a decision. Non-medical reasons, you should contact your local Social Security Office to request the review. Once the final decision from DDS is made on an individual claim, the case will be returned to its local district office where benefits will begin administration or denials will be eligible for appeal before the Office of Hearings and Disability Appeals Council . The state has medical and vocational experts who will contact your doctors and other places where you . For the average person, the Social Security Disabilty process is a mystery. A workers comp final settlement represents the closure of an agreement between the injured worker and the employer or its insurance company. Who Makes the Decision at the Social Security Disability, SSI Hearing Level? It takes Disability Determination Services (DDS), the state agency that makes the initial disability determination, about three to four months to decide an initial application, from the application date. At the application stage, it generally doesn’t take very long to hear the results. A status change occurred and it said the following: "A medical decision has been made and we are working to process your benefit application. You begin with an application and more often than not find out your claim has been denied. This is done to make sure that everyone gets the same consideration. medical test. Usually, though, the Social Security Administration makes a medical decision on an SSD or SSI application within 30-120 days of being taken. Likewise, conditional on a denial, the applicant decides whether or not to appeal. Social Security can expedite SSDI and SSI claims for veterans who became disabled while on active duty. The final step in appealing a Social Security or SSI disability case is to seek a review from the federal district court. Many of those denied applicants go on to appeal the decision made by the Disability Determination Services. The Disability Determination Services only approves approximately 37 percent of the initial Social Security Disability applications received by the SSA. At the end of your disability hearing, the administrative law judge does not usually render a decision right away. Any time your claim for disability is evaluated—whether at DDS or when you appeal a DDS decision—Social Security procedures require that specific issues be addressed, in a specific order. If you have applied for benefits, chances are you are asking about the possible waiting time. In most cases, the disability examiner will complete a medical decisional write-up and ask the medical consultant to review it and sign it. By Aaron Hotfelder, J.D., University of Missouri School of Law. How Social Security Makes Disability Decisions; Medical Eligibility for Social Security Disability; When Social Security Will Deny You Disability Because Your Past Job Skills Are Transferable. Our survey also highlighted one of the most difficult aspects of applying for Social Security disability: the amount of time you have to wait for a final decision. How Long Should I Wait for the Social Security Disability Decision Letter. A Social Security Representative may contact you directly if we need any additional documents or information." Only if you've appealed your case and have been in front of a judge will you receive a Notice of Decision. Regardless of the decision that is made by Disability Determination Services, your claim is sent back to the Social Security Administration Field Office who contacts you about the ruling, finishes up any nonmedical issues that are outstanding, and issues your disability benefits. received treatment to get your medical records. A Disability Attorney Who Can Help You After You Receive a Favorable Social Security Disability Decision . The remaining 63 percent of applicants are denied benefits. A closer look at the Social Security Disability decision process. There are two ways that the hearing judge may approve your application: either as a fully favorable or a partially favorable decision. When your Social Security Disability attorney files this action, the Commissioner of Social Security is named as the defendant. Like the Appeals Council, the federal district court looks at whether the ALJ made any errors. The disability decision may be made with a denial of your claim at Step 1, 2, or 5, or an award of benefits at step 3 or step 5. Learn about the possible decisions the administrative law judge (ALJ) may make after a Social Security Disability hearing. 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. Hired a qualified Decision times vary at each stage of the application process. How do you appeal? Corey Pollard can help if you have questions about your SSDI or SSI benefits after receiving a favorable decision from the SSA. The sequence continues, with the process ending upon an allowance, a decision not to appeal, or exhaustion of all appeals opportunities. Social Security administrative law judges have no time frame in which to make their disability hearing decision. How does Social Security make the decision? Final decisions about a case will be made by a disability examiner at one of the local district DDS offices. The state agency may send you forms to complete or ask you to have an examination or . Reconsideration Title II provides for payment of disability benefits to individuals who are “insured” under the Act by virtue of their contributions to the Social Security trust fund through the Social Security tax on their earnings, as well as to certain disabled dependents of insured individuals. All you can do is go home and wait for a hearing decision to arrive in the mail. You also may call our toll-free number, 1-800-772-1213, to request an appeal. Before that stage, you'll receive either a Notice of Award or a Notice of Denial. After the Social Security Administration (SSA) hearing judge has made a decision about your disability benefits application, you will receive a Notice of Decision letter in the mail. The disability need not have occurred in the course of military action — for example, it could be the result of an injury while on leave — but it must have occurred since Oct. 1, 2001. If you have job skills that Social Security believes you could use in another line of work, you'll likely be denied disability benefits. The Social Security Administration will only send Social Security Disability Insurance and Supplemental Security Income applicants to a consultative examination if they do not have enough medical evidence to determine from the claimant s own medical records that they are disabled, the treating doctors failed to send the claimant s medical records or the claimant has not seen the right doctor. Conditional on a claimant applying to the disability program, Social Security makes a decision to allow or deny. Generally, they do not write their case decisions. If you win your claim for Social Security disability benefits or SSI disability, you will receive notification in writing from the Social Security Administration sometime after the approval has been made. Most disability decisions are written by decision writers; considering the backlog of hearings across the nation, it is probably more productive to use decision writers rather than bog judges down with decision writing. I am new to this forum and applying for any benefits. Obtaining Social Security Disability benefits is not always smooth and benefits may be denied or questioned before being granted. It can take years to get a final decision on your application for Social Security disability benefits. We send your application to a state agency that makes disability decisions. Who makes the decision? By Melissa Linebaugh , Contributing Author After you attend a disability appeal hearing and the administrative law judge (ALJ) has heard your case, the judge will send a written opinion (decision) to you. It is important to understand that this court has the power to reverse the decision to deny your Social Security Disability benefits without making you go through another hearing before an ALJ. Checking Your Status Online If you applied for Social Security Disability Insurance (SSDI) benefits or have a pending request for reconsideration, you … These 5 evaluation steps are about you, your work history, and your disability.. The disability report asks you for updated information about your medical condition and any treatment, tests or doctor visits since we made our decision. There is no certain amount of time for a medical decision on a Social Security Disability claim or SSI claim to be processed. If your SSI or Social Security Disability claim has progressed to the disability hearing level, an administrative law judge will make the decision on your case and decide if it is to be approved or denied. Social Security Disability Hearing Decisions. Many workers comp claims are settled through a negotiation process between the injured victim, the employer and/or insurer, and legal counsel for the parties. But all five steps may not be needed in your case. Keep in mind that the time you have to wait for the Social Security disability decision letter will depend on the severity of the case. But there’s a big difference in wait times, depending on where you live and how far you go in the process. If you receive an unfavorable decision from the ALJ you would have the option to file an appeal. Disability examiners are not federal employees, but instead work for state agencies called Disability Determination Services (DDS) where all Social Security Disability cases are evaluated. 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