- DISABILITY CLAIM FAQ
One of the biggest problems with the Social Security Disability process is the amount of time it takes. The initial determination usually takes about 6 months. The decision is made by a disability analyst who is not a doctor and who ignores what the treating doctor says, so the decision is normally unfavorable. The next step here after a denial is waiting for a hearing before an administrative law judge. Unfortunately, according to government statistics, the wait for a hearing is usually about 1 1/2 to 2 years. Nonetheless, I have been able to take steps to shorten the wait for a hearing.
When a client of mine has been scheduled for a hearing, and a request for an on the record decision has been rejected, I institute Congressional Inquiries. The grounds for an inquiry vary, but it seems to be the one mechanism that hearing offices recognize for expediting a hearing.
Yesterday, I had a hearing for client who could no longer work because of Chronic Fatigue Syndrome and Fibromyalgia. Because I commenced a Congressional Inquiry, the hearing was scheduled only a couple of months after the initial denial. Moreover, the judge approved the application on the record during the hearing and issued a Bench Decision. Typically, even if a judge tells a claimant that the application will be approved, it may still take months to get a written decision. The Bench Decision avoids that delay.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link. Past performance doesn’t guarantee future results.
Copyright © 2022, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou