If you are contemplating filing for Social Security Disability (SSD) benefits, you may wonder how long the process will take or even how do I file for permanent partial disability. Unfortunately, the process can be quite lengthy, but your SSDI attorney will be able to push it along as quickly as possible.
Initial decision: This stage takes about four to six months, on average. The process begins with filing a benefits application, which can be emailed or mailed to your local Social Security Administration (SSA) office. It can take the office three to five months before the office issues its initial decision. If you suffer from certain severe impairments, you may be able to request a compassionate allowance through an SSA program that fast-tracks such a claim. This will get you an initial decision in about six to eight weeks.
If the SSA determines that you are disabled and entitled to benefits, your application is transferred to a Social Security payment center. The retroactive payment will typically arrive 30 to 45 days later. If the SSA denies your claim at the initial decision stage (which it does more than 60 percent of the time), you can request a hearing before an SSA administrative law judge (ALJ).
Hearing: It usually takes about 6 to 18 months to get a hearing date, plus another nine months for the decision. A hearing is a good opportunity for your lawyer to make your case before the judge. However, if the ALJ finds that you are not disabled, you have a right to an appeal before the SSA’s Appeals Council.
Appeals: The length of time for an appeal varies greatly. The appeal must be filed within 60 days of the ALJ’s decision. The Appeals Council has a lot of discretion to reverse an ALJ’s decision, but it usually ends up affirming the ALJ’s decision about 75 percent of the time.
If the Appeals Council affirms the ALJ’s decision denying your claim, you can seek an additional appeal in federal court. This appeal must also be filed within 60 days. The federal court can’t accept new evidence, so this appeal is limited to whether there is error of law in the ALJ’s decision.
It can be stressful and difficult to seek benefits and successfully work through the claims process. Working with one of our experienced Cincinnati Social Security Disability attorneys, however, can help you successfully navigate through the system to get the best result.