How Long Will It Take to Get a Decision on My Social Security Disability?
If you’re unable to work, you’ll obviously want to get Social Security disability benefits as quickly as possible. Unfortunately, the SSDI application and appeals processes are not quick. So, it’s important to have realistic expectations going in.
The SSDI Application and Appeals Timeline
Initial Application
According to the Social Security Administration (SSA), it typically takes three to six months to get a decision on your initial application. You may be able to speed the process up somewhat by applying online. You can also help avoid delays by making sure that your application is complete and you provide all necessary documentation. Still, you can expect to wait at least a few months to get a decision, and in some cases it may take more than six months.
If you apply for Social Security benefits right away when you become disabled, the time that you’re waiting for a decision may substantially overlap with the mandatory waiting period to receive benefits. That means you could cut down the time between becoming disabled and receiving disability benefits if you apply promptly.
Reconsideration of Your Social Security Disability Denial
If your initial application is denied–and most are–the next step is to request reconsideration. You have 60 days to make the request, and then can typically expect to wait several weeks for a decision.
Hearing Before an Administrative Law Judge (ALJ)
If your claim is denied on reconsideration, you’ll have 60 days to request a hearing before an ALJ. Then, you’ll wait a minimum of several months for your hearing date. In March of 2023, the shortest average wait time was eight months. In some areas of the country, the average time between requesting a hearing and the hearing date was two years or more. After the hearing, you can expect to wait a few months longer for a decision.
Appeals Council Review
If your claim for disability benefits is still denied by the ALJ, you have one last chance in the administrative process–requesting Appeals Council review. However, the Appeals Council has discretion to take up a case or not, and most requests are denied. If the Appeals Council does consider your SSDI claim, you may wait anywhere from a few months to two years or more for a ruling.
Time for Social Security Disability Approval
As you can see, the amount of time it takes to receive a final decision on your social security disability from the SSA varies significantly. The most significant factor is how far you have to go in the process. If you file right away and your initial application is approved, you could be receiving benefits as soon as the sixth month after you become disabled. If you have to go through the entire appeals process, you will typically be waiting for a couple of years, and perhaps four years or more.
That means it’s critical that you submit the strongest application possible. And, if you’re denied, you’ll want to take full advantage of the opportunity to present additional information with your request for reconsideration.
Disability Help Group was founded by experienced disability experts who have been representing the disabled for over 15 years. Our team understands how to work with the Social Security Administration in the best interest of the disabled person.
Disability claims often require time and patience from the claimant, which can be tough to deal with when a person’s finances are in question. We have representatives across the country to ensure that your rights are being protected and the disability process is being properly followed. To learn more, call (800) 800-3332 right now, or contact us here.
TOP 5 MISTAKES WHEN APPEALING YOUR DENIED DISABILITY CLAIM
– Matt Sauerwald, Vice-President, Disability Help Group
Matt Sauerwald is one of the top SSDI Advocates in the United States. With an abundance of knowledge and expertise in Disability law, Matt has dedicated his profession to helping those who are unable to work due to a disability and has successfully represented thousands of clients in their claims for disability benefits.
Below, Matt shares with you his top five mistakes that are made when appealing your denied disability claim.
1. NOT APPEALING YOUR DENIAL
The biggest mistake an applicant can make is not appealing their denial. Despite being unable to work on a regular and consistent basis, despite having serious medical conditions, and despite the fact the vast majority of individuals who get approved for Social Security disability do so after appearing in front of a judge, many disability applicants do not appeal initial denials.
2. DELAYING YOUR APPEAL
Delays in appealing a Social Security denial also are a big mistake. Social Security does not do anything fast. There are millions of applicants each year. Filing an appeal as on as is practical is the best practice.
3. NOT CONSULTING WITH AN ADVOCATE WHEN YOU ARE DENIED
There are many reasons to work with a disability advocate from the jump when filing an application. These benefits, notwithstanding, many individuals elect to file the application on their own. However, once you are denied Social Security at the initial determination level, common sense dictates to get help from an expert! As the old saying goes, an individual who represents themselves in a legal proceeding, may have a fool for a client. Social Security has complicated rules and regulations. Don’t fight this fight alone because you might not know what you don’t know.
4. THINKING DENIAL IS THE END OF THE PROCESS
Almost every type of medical can denial can be appealed, even if you have been denied by a judge. Even if you have exhausted your medical appeals, many times there are still options to keep the claim going such as filing a new application or a motion to reopen a prior adjudication.
5. THINKING YOU DON’T QUALIFY
The final mistake people make when getting denied is thinking they don’t have a good case or that they don’t qualify. If Social Security approved everyone they were supposed to approve at the outset of the case, there would not be tens of thousands of hearings occurring every year. If you have serious medical conditions and cannot work because of those conditions, don’t give up!
If your claim has been denied or you are currently working through the appeals process and need help, don’t hesitate to contact Mr. Sauerwald and the team at Disability Help Group at 800-800-3332 now to see how we can help get your claim approved.
Since 2010 Matthew Sauerwald has been a leading voice for the disabled community in seeking compensation from the Social Security Administration and the Department of Veterans Affairs. Mr. Sauerwald has led one of the nations most successful advocacy organizations Disability Help Group since 2015 and has litigated thousands of Social Security disability hearings resulting in hundreds of millions of dollars of disability awards. Learn more about Matthere.
Most people know that Social Security provides disability benefits for U.S. workers who become disabled before retirement age. But, many people have questions about the details, such as:
The applicant must have sufficient work credits to qualify (there is an exception for those who become disabled as children, who may qualify based on a parent’s work record)
The applicant must be unable to engage in substantial gainful activity due to a medical condition that will last at least a year or be terminal
How are Social Security Disability Benefits Calculated?
Social Security benefits are based on your average earnings across your working life. The Social Security Administration (SSA) provides calculators to help you determine how much you may qualify for in various types of benefits. However, you should be aware that certain other types of benefits, such as workers’ compensation benefits, may impact your Social Security Disability.
In 2023, the maximum possible SSDI benefit is $3,627/month. But, the average monthly benefit is less than half of that.
What Other Benefits are Associated with SSDI?
Dependent Benefits
Depending on your family circumstances, your dependents may be entitled to Social Security benefits if you are receiving SSDI. Generally, your spouse must be 62 or older or caring for your child who is under the age of 16 or disabled. These benefits may even be extended to a former spouse if you were married for at least 10 years, they are currently unmarried and they are 62 or older.
Your children may also be entitled to benefits if they are under 18, or are under 20 and still in high school. Under limited circumstances, grandchildren who are living with you may also be eligible for benefits.
Medical Benefits
After two years of receiving Social Security disability benefits, you will automatically become eligible for Medicare, regardless of your age.
How Long Do You Receive Disability Benefits?
For most people, SSDI benefits continue until the recipient reaches full retirement age. At that point, they are automatically transitioned to Social Security retirement benefits. However, Social Security disability benefits continue only as long as the disabling condition persists. For example, someone who received SSDI due to disabling cancer, but was successfully treated and recovered, would no longer be eligible after recovery.
Some recipients also voluntarily transition off of disability benefits through the Social Security Administration’s Ticket to Work program.
Get the Help You Need With SSDI
Of course, the most important thing about Social Security disability benefits is securing them as quickly and efficiently as possible. Many people wait to seek help until after they’ve been denied, but working with an experienced disability benefits advocate from the beginning can help ensure you submit the strongest application possible. To learn more about how Disability Help Group can help, contact us here or call (800) 800-3332 right now.
If you’re applying for or have just been granted Social Security disability benefits (SSDI), you may be wondering whether you’ll pay income tax on those benefits. The short answer is “maybe.” Whether or not your SSDI payments are considered taxable income depends on your income. Here’s how the calculation works.
Calculating Income to Determine Whether SSDI Benefits are Taxable
Single SSDI Recipients
If you’re single, you’ll pay income tax on a portion of your Social Security disability benefits if your total income is more than $25,000. But, “total income” here doesn’t actually mean all of your income. It means other income plus 50% of your SSDI benefit. This includes both taxable income and non-taxable interest income.
If you’re single and Social Security disability is your only income, it won’t be taxable–at least, not based on 2023 numbers. The average SSDI check in 2023 is estimated at $1,483/month, or $17,796/year–well below the threshold, even before you cut it in half. The maximum SSDI benefit for an individual is $3,627/month, or $43,524/year. Cut that in half and you have $21,762. So, if you have no income from other sources, your total income is below the threshold and you won’t pay tax on any of your Social Security disability benefits.
But what if you have other income?
Imagine, for instance, that you rent out a home you own for $1,500/month and you receive the average social security benefit of $1,483/month. That’s $18,000 in rental income, plus half of your $17,796/year in SSDI ($8,898). Added together, that’s $26,898–more than the $25,000 threshold. You will be taxed on some of your disability benefits.
Married SSDI Recipients
The threshold for married couples is $32,000–just $7,000/year more than for a single person. So, if you’re married to someone who is still working full-time, you are more likely to owe income tax on a portion of your Social Security disability benefits. In fact, a married couple each receiving Social Security disability benefits at the higher end of the spectrum could owe taxes on a portion of those benefits. For example, if each partner was receiving $3,000/month ($36,000/year), 50% of that income would be $36,000–above the threshold for a married couple.
Calculating Tax on SSDI Benefits
If you’re single and the total of your adjusted gross income, non-taxable interest and 50% of your Social Security disability benefit is between $25,000 and $34,000, you’ll pay tax on half of your benefits. If the total is over $34,000, you’ll pay tax on 85%. If you’re married filing jointly, you’ll pay taxes on 50% of your benefits if total income is between $32,000 and $44,000, and on 85% of your SSDI income if total income exceeds $44,000.
To avoid getting hit with tax debt at the end of the year, you can choose to have taxes withheld from your benefits.
Income taxes are just one of the many complicated issues associated with applying for and receiving Social Security disability benefits. To learn more about how an experienced disability benefits advocate can help, contact us here or call (800) 800-3332.
Understanding Your Social Security Disability Appeals Process
The Social Security disability appeals process includes several steps, each very different from the one before. It’s important that you understand the process and don’t miss opportunities, because most SSDI applications are initially denied. That means the appeals process is your best chance to get disability benefits awarded.
Take Full Advantage of Every Step in the SSDI Appeals Process
One mistake many people make during this process is to treat it as a cursory one, doing only the minimum to move the case along to the next stage of the process. Sometimes, that’s because applicants don’t fully understand the process or don’t know what type of new information would be helpful. This post provides an overview, but your best resource in the process is usually an experienced disability benefits advocate. You have a right to representation in the application and appeals process.
Request for Reconsideration of Your SSDI Denial
When your SSDI application is denied, you’ll have the opportunity to request reconsideration. This stage in the process is just what it sounds like–another decision-maker reviews your application as if it were a fresh application and makes a determination. This is usually the quickest step in the appeals process. It’s also the one with the lowest success rate. That’s partly because of the type of review, but it may also be partly because few applicants take full advantage of the opportunity to provide supplemental information for this review.
Administrative Law Judge (ALJ) Hearing
In the appeal process overseen by the Social Security Administration (SSA), the ALJ hearing is the most complex process, and also the one where a Social Security disability claim is most likely to be approved. This is your chance to interact with the decision-maker and provide more detailed information. You even have the opportunity to bring witnesses. If you are well-prepared and approach this hearing properly, it is your best chance for approval.
Council Review
If you are denied SSDI after the ALJ hearing, you can request review by the Appeals Council. However, the Council declines to review most cases.
U.S. District Court Review
If you’ve exhausted your options with the SSA, you can file a lawsuit in federal court. This is a complicated and time-consuming process compared with the other stages of the appeals process, and is best pursued with the assistance of a Social Security disability lawyer.
A Disability Benefits Advocate Can Help
The SSDI appeals process can be confusing and overwhelming, particularly when you may already be facing obstacles based on your disability. An experienced disability advocate can help ensure that you are presenting the strongest possible appeal. To learn more, contact us here or call (800) 800-3332 right now.
What You Need To Know About Your Disability Benefits Denial
One of the most common questions about Social Security disability benefits is “How long will the process take?” Since most SSDI applicants are denied at the initial application stage, answering that question requires an understanding of the appeals process and how long it takes to move through each stage.
Here’s a rough timeline for SSDI appeals.
The first step in the appeals process is to request reconsideration. This is by far the quickest step. The Social Security Administration (SSA) says it typically takes one to three months to get a ruling on your request for reconsideration. Note, though, that this represents actual time from filing the request to decision. You have 60 days from the denial of your application to request reconsideration. So, the actual time between receiving your denial notice and receiving a decision on your request for reconsideration of disability benefits could be one to five months, depending on how quickly you file. In some cases, it may take longer.
The SSA says it typically takes three to five months to receive a decision on your initial disability benefits application. Many applicants report that it actually takes a bit longer. So, depending on how long you take to request reconsideration and how long it takes to receive a response, you may get a ruling on your request for reconsideration at any time between six months from your original application date to 10 months or more.
The second step is a hearing before an administrative law judge (ALJ). Again, you have 60 days after receiving a decision on your request for reconsideration to request this hearing. The time between requesting this hearing and the hearing date ranges between several months and two years or more. And, that’s just how long you’ll wait for the hearing. A decision from the ALJ may arrive a few weeks or a few months after the hearing.
Depending on how quickly you request a hearing, where you live, and how long it takes the ALJ to make a decision, the time from denial on reconsideration and a determination from the ALJ could be about 10 months or more than two years. For most applicants, it will be more than a year. Add in the time it took to reach this stage and the ALJ decision may come between roughly 18 months and three years after the initial application.
The next step is to request review by the Appeals Council. Sometimes this step is quick, because the Appeals Council declines to review most cases. If the Appeals Council does take up your case, that process may take months or years.
If you get an unfavorable ruling from the Appeals Council or they decline to consider your case, the next step is to file suit in federal court. That is also a long and complicated process.
A Social Security Disability Benefits Advocate Can Help
Because the SSDI appeals process takes so long–and many applicants for disability benefits can’t afford to wait–it’s very important to present the strongest possible application and to take full advantage of the opportunity to present evidence at every stage of the appeal. So, the earlier you get knowledgeable guidance, the better. Contact us or call (800) 800-2009 to learn more about how our experienced disability advocates can help.
