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HOW LONG DOES IT TAKE FOR DISABILITY DECISIONS?

  • Writer: The Forsythe Firm
    The Forsythe Firm
  • Feb 6, 2022
  • 3 min read

Updated: Feb 14, 2022

How long does it take to get a decision on a disability decision?


Longer than it should.


The website says 3 to 5 months. However, that was before the COVID pandemic, not now.


Right now, it is taking a lot longer to get a decision. 6 to 12 months is a better guess in today's terms. I say "guess" because each case is different and there is no deadline for Social Security to make a decision. One case may take 6 months, another might take 10 or 12 months. When appeals are necessary, it can take much longer.


In fact, if I get a decision back in 6 months, I consider it "super quick."


I recently saw a Social Security post that says you start receiving benefits within 6 weeks after filing your application. But that is in the context of Social Security retirement benefits, not disability. Retirement benefits are pretty much automatic (ask for it and you get it). Disability is not cut-and-dried).

Social Security is one of the slowest of all federal agencies. They are bogged down with lack of staff, COVID safety measures (many unnecessary), and the "working from home" syndrome. In fact, Disability Determination employees seldom know from week to week where they will be working. They are in the office one week and "working from home" the next. I often call Disability Determination (the agency that makes decisions) and hear dogs barking or children in the background--a sure sign the employee is "working from home." I've had Social Security employees tell me, "I'm working from home and I don't have full access to everything I need." Or, "I worked in the office last week, but this week I'm working from home." That makes them extremely difficult to contact in many cases.


Can anything speed up a decision on your claim? Not many things. Your attorney or representative cannot speed up the speed at which the US Government (Social Security Administration) operates. If your claim has been stranded at Disability Determination Service (DDS) for 4 months or longer, you may consider asking your US Congressman to make a "Congressional Inquiry." This amounts to a telephone call from your Congressman's office to Social Security. Your claim will then be noted as having "congressional interest" and this can jump start your claim. However, it will not have any effect on the type of decision (approval/denial); it may simply speed up the process a little.


Also, if you have a critical condition--a terminal illness, for example--you may ask for a critical case designation. If you are a 100 percent permanently disabled US veteran, you may file for expedited processing. If you have a "dire need," such as the inability to get medical care, housing, utilities or food--you may ask for "dire need" processing. Contact your attorney/representative if you have one. If unrepresented, contact your nearest Social Security office.


If you have an attorney or representative, work with him/her to try to get all your medical records sent to Social Security as soon as possible. Many claims get held up because doctors, hospitals or other providers don't send in your medical records. (COVID is usually the excuse there, too). If you are not represented, contact your medical providers yourself to ask if they will expedite sending your medical records to Social Security.


In summary, don't expect your disability decision within 3 months. That's very unlikely. Six months-plus is common these days. Please don't fuss at your attorney or representative. He/she waits on Social Security, too--and wants a resolution to your case, too. We do not get to set timelines. Social Security works at their own snail-like pace.





 
 
 

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Huntsville, AL 35806
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