Frequently Asked Questions About Social Security Disability Hearings

People who apply for Social Security disability benefits frequently ask the following questions about the progress of their Social Security disability application.

How long will it take for a hearing to be held, a decision to be issued and for benefits to be paid?

The time between when a person requests a social security disability hearing until a decision is issued varies a lot. Nationally, hearing offices averaging 15.5 months from the date of a hearing request until the decision is issued. Some states don’t take that long and others take longer.

After the hearing, unless the judge issues a bench decision at the hearing, it takes an average of two to three months for a decision to be issued.

After that, if you are awarded disability benefits, it takes a month or two for current benefits to start being paid. From the date of the decision, it can take from one to five or six months for all back benefits to be paid, sometimes longer when there is SSI involved. Thus, all this takes a long time, much longer than it should.

Unfortunately, there are few opportunities for your lawyer to speed things up. About all your lawyer can do is try not to slow things down.

How will I be notified about the date of my disability hearing?

You should hear from your lawyer first. The judge’s assistant will telephone your lawyer before scheduling your hearing to make sure that your lawyer has the date available. As soon as your lawyer hears from the judge’s assistant, he or she will send you a letter. After you get the letter from your lawyer, you’ll get a Notice of Hearing from the judge.

What happens if I get a Notice of Hearing before I get a letter from my lawyer telling me about the date?

It may be that someone failed to call your lawyer about your hearing. So, if you get a Notice of Hearing before you get a letter from your lawyer telling you the date of your hearing, call your lawyer immediately.

Do I need to get medical records or reports for my lawyer?

No. You don’t have to get any medical records or reports yourself. In fact, it’s better if you do not even try to get such things unless your lawyer asks you to.

But what if my doctor gives me a report?

If you happen to get something such as a disability form completed by your doctor for an insurance company, etc., be sure to send your lawyer a copy.

What if the Judge sends me a form to be completed by my doctor?

Sometimes a claimant may be sent a form to be completed by a doctor concerning how much work the claimant can do. If the judge sends you a form to be completed by your doctor, telephone your lawyer so that the two of you can discuss how to deal with this. Your lawyer may want you to send the form to him.

Should I send anything to the judge?

No. As a rule, do not send anything of any substance to the judge without your lawyer seeing it first.

Should I send my lawyer the “acknowledgment” that comes with the Notice of Hearing?

No. There will be a paper sent to you with your Notice of Hearing that you must mark to indicate that you’ll be coming to the hearing. This paper is called an Acknowledgment of Notice of Hearing. You may send the “acknowledgment” directly back to the judge. Your lawyer doesn’t have to see it. But don’t send anything else to the Social Security Administration without your lawyer seeing it first.

Will I have to fill out any forms before my hearing?

Yes. Usually the judge will send you some forms to complete about recent medical treatment, what medications you’re taking, etc. Complete these forms as soon as possible after you get them and send them to your lawyer. Your lawyer will forward them to the judge.

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