Social Security Disability - FAQ
Q: How long does the Social Security Disability application process take?
A: On average, it can take from eighteen months to two years from the time a claimant submits an application for Social Security Disability (SSD) or Supplemental Security Income (SSI) benefits.
Q: Why does this process take so long?
A: This process begins with filing an application. Once your application is filed, the Office of Disability Determinations reviews and obtains medical evidence in order to reach a determination. It takes approximately 120 days to receive a decision from them. If you are denied, as most people are, you will need to Request a Reconsideration within 60 days. It will take approximately another 120 days to receive a decision from the Office of Disability Determinations. Should you be denied again on the Request for Reconsideration, you will need to file a Request for Hearing before an Administrative Law Judge within 60 days from the date of your denial. Once the Request for Hearing is filed, it can take approximately 12 to 14 months to have your hearing scheduled due to the tremendous backlog at the Office of Hearings and Appeals. After your hearing, the judge makes a determination within approximately 120 days; however, there are no set guidelines as to when a decision has to be rendered.
Q:What is the role of a claimant's attorney before the Social Security Administration?
A: Should you decide to hire an attorney, the attorney will receive a copy of everything the Social Security Administration sends you regarding your benefits. Therefore, the attorney is able to keep track of everything that is happening in your claim. Furthermore, an attorney is able to make sure that your appeals are filed in a timely manner, as you only have 60 days from each denial to file an appeal. Finally, an attorney can help gather all of the medical evidence, prepare your testimony for the hearing, and argue your case in front of the Administrative Law Judge.
Q: Why does the Social Security Administration keep sending me the same forms?
A: The Social Security Administration is obligated to obtain and update all medical evidence on a regular basis. In order to update their file regarding your disabling condition and your treating physicians, they must require you to fill out these forms at each stage of the process.
Q: What happens if I get an unfavorable decision from the judge?
A: Should you be denied by the Administrative Law Judge, you may file an appeal to the Appeals Council in Falls Church, Virginia. The Appeals Council will review the judge's decision, all of the medical evidence reviewed by the judge, and any additional evidence dated prior to the judge's decision that the judge did not review. Currently, the Appeals Council process is taking 18 - 22 months to issue a decision. Should the Appeals Council also deny your claim, you have the right to file an appeal in Federal Court.
Q: Why do they keep denying my claim?
A: Before having a hearing before an Administrative Law Judge, your claim is handled strictly by Social Security Administration employees. These employees are guided by certain restrictions that they must follow when reviewing your medical evidence. Furthermore, they do not get the opportunity to talk to you about your condition, as an Administrative Law Judge does. This is the reason why most people are denied and must file a Request for a Hearing before an Administrative Law Judge, who is not an employee of the Social Security Administration and who will issue a complete and impartial new decision on your case.
Q: How can I prevail in my Social Security Disability case if I don’t see the doctor?
A: It can be difficult to prevail in a Social Security Disability case without health insurance or medical treatment because your claim is evaluated on the basis of your medical record. Despite this, many claimants who don’t have medical insurance can win their case at disability hearings before the Administrative Law Judges. Contact lawyer Elizabeth
Stakenborg at Sims & Stakenborg for a list of clinics and medical providers in Marion County who would be willing to evaluate and treat you if you don’t have health insurance.
Social Security Questions If You Win:
Q: How long does it take for my payments to start?
A: Your first monthly check should arrive within 60 days of your favorable decision. Past-due benefits without a Workers' Compensation (W/C) or Supplemental Security Income (SSI) offset usually take 60 to 90 days. With a W/C or SSI offset, it can take up to 6 months or more.
Q: How far back will my past-due benefits go?
A: Past-due benefits will be paid back for up to a year from your initial application date.
Q: Why do I have to give SSA 5 months before my payments begin?
A: The waiting period is part of the Social Security Rules and Regulations and everyone applying for and receiving Social Security Disability has to wait the full five (5) calendar months from the date of disability before money benefits begin.
Q: When will I be eligible for Medicare benefits?
A: Twenty-four (24) months from the date of eligibility of money benefits. For example: If your date of disability is 01/01/2004, then your first month of entitlement to money benefits would be 06/01/2004. Therefore, you would be eligible for Medicare on 06/01/2006.
Q: Is there a waiting period for Supplemental Security Income (SSI)?
A: No, there is no waiting period for SSI benefits. However, you must meet certain financial criteria and medical criteria to be eligible for SSI. This eligibility is determined by your local Social Security office.
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118 SW Fort King Street
Ocala, Florida
(352) 629-0480
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(352) 337-0065
