WHY THE LONG WAIT TIME FOR A SOCIAL SECURITY APPEAL?

The average Social Security disability application will be decided within 4 months.  However, up to 70 percent of these applications are denied.  In that case, you will usually wait about 2 years for a hearing (appeal).

Why the long wait?

Because the Social Security Administration is backlogged.  There simply aren't enough judges to hear the approximately one million cases now in the appeals system.

For most claimants, there isn't anything to do that will reduce the long wait.  Lawyers or advocates sometimes get blamed for delaying a case; however, this is simply not the problem.  Your representative wants to settle the case just like you do.  The problem is that hearing dates are set by Social Security, not by lawyers or representatives.

YOU MAY GET BACK PAY WHEN YOUR CASE SETTLES.  When your case is finally settled, you may receive back payments going back to the date you first became disabled.  These payments are usually paid in a lump sum after a judge holds a hearing and determines the date on which you first met the legal definition of disability.

One of the responsibilities of your advocate/representative is to make sure you receive all the benefits to which you are entitled, including back pay.  

How far back can your disability pay go?  This depends on the individual case.  Factors to be considered include:

• When did you stop working?
• When did you file an application for benefits?
• When did your condition become so severe that you could no longer work, according to medical evidence?

Your advocate/representative will need to find and present evidence of the date on which you first met the rules for Social Security disability benefits.  This usually involves searching and analyzing hundreds or even thousands of pages of medical records.  I recently handled a disability case with more than 10,000 pages of medical records.

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THE FORSYTHE FIRM
Social Security Disability Representation
7027 Old Madison Pike NW - Suite 108
Huntsville, AL 35806
"Across From Bridge Street"
PHONE (256) 799-0297

Free consultation and case evaluations by appointment

SOCIAL SECURITY JUSTICE - WEBSITE