We
often get asked, “How long does the Social Security Disability (“SSDI”) process
take?” The honest answer is it varies by jurisdiction. Unfortunately, the weak
economy, budget cuts, and the fact that the baby-boomer generation is at
retirement age, have all negatively affected the time frames of the SSDI
process.
There are five potential stages that an individual may go through in the SSDI process, including the initial application, reconsideration, hearing, Appeals Council, and Federal Court levels. The majority of individuals will be required to attend a hearing in front of an Administrative Law Judge (“ALJ”).
After
filing an initial application, it will take the Social Security Administration 120
to 270 days to make a decision, or approximately 4 to 9 months. If denied, these
same time frames are applicable at the reconsideration stage, though we do get a
majority of the reconsideration determinations back within 180 days, or 6
months. If you are denied at the reconsideration stage, you must request a
hearing. At the hearing level, it takes SSA anywhere from 236 to 547 days to
schedule a hearing (National Ranking Report By Average Processing Time dated
4/26/13). Keep in mind, the time period that a claimant will wait to have a
hearing scheduled is in addition to the time frames at the initial application
and reconsideration levels.
Below
are the time frames for the local Southern California SSA hearing offices, which
are technically known as the Office of Disability Adjudication and Reviews or
“ODARs” (National Ranking report dated 4/26/13):
Orange
= 305 days
San
Bernardino = 309 days
Moreno Valley = 322 days
Long
Beach = 328 days
Pasadena
= 330 days
Los
Angeles west = 340 days
Santa
Barbara = 358 days
Norwalk
= 428 days
San
Diego = 475 days
If
the claim is denied, however, an individual must file an appeal with the Appeals
Council in Falls Church, Virginia. On average, it will take the Appeals Council
anywhere from 12 to 36 months, or 1 to 3 years, to rule on the claim. If
denied, the only option left is to file a claim to Federal Court. Appeals to
Federal Court can also take anywhere from 12 to 36 months, or 1 to 3 years, to
receive a determination.
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