delays and Social Security disability
Social Security judge
Social Security hearing office
How Long Will It Take Before
My Case is Decided?
Often, the first question I get from a potential client is how long is this process going to take? Many people have heard that Social Security takes a long time to make a decision, but until you have a pending claim, the long wait may not be something you worried about.
The wait times vary from State to State, but, currently, in Georgia, here are the expected wait times:
January 1, 2006 - you file your initial application for benefits
January 25, 2006 - claim file opened by adjudicator at Disability Adjudication Service office
January 25 - May 1, 2006 - adjudicator engaged in requesting medical and employment records
June 15, 2006 - initial denial notice issued and mailed to you
June 20, 2006 - you file reconsideration appeal
July 1, 2006 - adjudicator begins work on reconsideration appeal by updating medical records
November 5, 2006 - notice of reconsideration denial printed and mailed to you
November 10, 2006 - you file your appeal of the reconsideration denial and request a hearing before an administrative law judge
March 1, 2007 - your file is packed up and put in queue for transfer to a local hearing office
May 1, 2007 - hearing office actually receives your file
February, 2008 - hearing office staff person unpacks your file and begins process of preparing case file for a hearing by numbering the exhibit pages and requesting updates of medical records from your lawyer
August 1, 2008 - judge’s assistant calls your lawyer’s office to schedule a hearing
October 1, 2008 - you and your lawyer appear at your hearing
December 15, 2008 - written hearing decision issued
From start to finish, therefore, you can expect to wait between 1 1/2 years to 2 1/2 years for a hearing before a judge.
Can We Speed Up the Decision Making Process?
The next question I get - is there any way to speed up the process? Unfortunately, there really is no way to make this process go faster. The Social Security Administration is currently fighting a number of battles. First, they do not have enough money to replace the people who are retiring, much less hire new staff. The outgoing Agency commissioner testified before Congress that she wanted to hire 100 new judges, but could not because there was no money.
In addition, Congress has directed Social Security to begin the process of eliminating paper files in favor of electronic files. This process, which will eventually improve efficiency, will cause delays and duplication in the short run.
And finally, Social Security is beginning a comprehensive process of restructuring its decision making process. This re-engineering started in 2006 and is expected to take a minimum of seven years. Here, too, we may see improvements in efficiency in the long term, but for claimants waiting anxiously for a decision, a seven year plan has little relevance.
I will be reporting on the process of this re-engineering process on my Social Security disability blog and on my Social Security disability radio program.
How Do I Survive While I Wait
Two Years for a Decision on My Claim?
There is no good answer to this question. I see a lot of suffering by good, hardworking people who simply cannot work any more. Many of my clients end up moving in with relatives or friends, and a few end up in shelters.
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