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How long does it take for a lawyer to get your disability? You’re not alone. The process of applying for disability benefits can be drawn out and even irritating at times. Many people seek the help of a lawyer to speed things up, but even then, it’s important to understand what to expect. This article will break down the steps, explain timelines, and give you an idea of how long it usually takes to get a decision on your disability claim.
What Affects the Timeline of Getting Disability Benefits?
Several factors influence how long it takes for a lawyer to get your disability benefits. Each disability case is unique, and there are several steps involved, from gathering medical evidence to waiting for a hearing date. Let’s explore the factors that may impact the timeline.
Type of Disability Claim
The type of disability claim you file can impact the timeline. There are two primary types of claims: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). Both programs have different eligibility criteria, and processing times may vary.
- SSDI Claims: These are for individuals who have worked and paid into Social Security. They may take longer to process because they require detailed work and medical history.
- SSI Claims: These are for individuals with limited income and resources. These cases move faster, but they also depend on financial evaluations.
What Is the Lawyer’s Role in the Process?
A lawyer plays a crucial role in helping you get your disability benefits. However, it’s important to know that while a lawyer can improve your chances of approval, they can’t control every aspect of the process. Here are the main ways your lawyer will assist:
Gathering Medical Evidence
One of the most important parts of a disability claim is the medical evidence. Your lawyer will work with your doctors and medical professionals to gather all the necessary documents. This part of the process can take time, especially if multiple doctors or specialists are involved.
How long does it take for a lawyer to get your disability? Filing Paperwork
Your lawyer will make sure all paperwork is completed correctly and submitted on time. Mistakes in paperwork can lead to delays, so having a lawyer ensures things are done right the first time.
Representing You at Hearings
If your disability claim is denied, your lawyer will represent you in front of an Administrative Law Judge (ALJ). This step is often where claims are approved, but the wait for a hearing can take several months or even over a year in some cases. How long does it take for a lawyer to get your disability?
How Long Does It Take for a Lawyer to File a Disability Claim?
How long does it take for a lawyer to get your disability? Once you hire a lawyer, they will start working on your case immediately. Filing the initial application usually doesn’t take long, but the length of time it takes to gather all the necessary documentation can vary.
Initial Application
- Timeframe: Filing the initial application typically takes 1-3 weeks, depending on how quickly your lawyer can gather all the necessary documents.
- Waiting for a Decision: After your application is submitted, it can take 3 to 6 months to get a decision. Some cases may take longer, depending on the complexity of your medical condition and the backlog at the Social Security Administration (SSA).
What Happens If Your Claim Is Denied?
A lot of disability claims are turned down right away. If this occurs, don’t be alarmed; this is typical. Your lawyer will help you appeal the decision, but this can add more time to the process.
Reconsideration
If your claim is denied, the first step is to file for reconsideration. This involves reviewing your claim again, often with additional medical evidence.
- Timeframe: The reconsideration process typically takes 2 to 4 months.
Hearing Before an Administrative Law Judge (ALJ)
If your claim is denied again after reconsideration, your lawyer will request a hearing before an ALJ. This is where your lawyer’s representation is most valuable, as they will argue your case and present your medical evidence. How long does it take for a lawyer to get your disability?
- Timeframe: Unfortunately, waiting for a hearing can take the longest — usually 12 to 18 months. This depends on the location and the number of cases waiting to be heard.
How Long Does It Take to Get Disability After a Hearing?
If the ALJ approves your claim after the hearing, you should receive your disability benefits within a few months.
Decision Notification
- Timeframe: After the hearing, it can take 2 to 3 months to receive a written decision from the judge.
Payment
Once approved, you’ll receive back payments from the date you applied, and regular monthly benefits will begin shortly after.
- Timeframe: After approval, it can take another 1 to 2 months to receive your back pay and start getting monthly disability checks.
Can a Lawyer Speed Up the Process?
A lawyer can only speed up some of the process, but they can make sure that everything is done as efficiently as possible. Lawyers know the system and will ensure that all forms are completed correctly, that no deadlines are missed, and that the right evidence is submitted. This can prevent unnecessary delays.
Expedited Cases
In certain situations, some cases may be fast-tracked. For example, individuals with terminal illnesses or very severe disabilities may qualify for expedited processing. Your lawyer will know if your case qualifies and will work to get your claim reviewed quickly.
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In the end, when asking, How long does it take for a lawyer to get your disability? It’s clear that while having a lawyer can streamline the process, the timeline is influenced by many factors. Typically, the whole process can take anywhere from a few months to over two years, depending on how many stages of the appeal are involved.