When you have a disabling condition and need disability benefits you do not have time to waste navigating the complexities of fighting for social security disability benefits. At Kneisler and Schondel, we understand how difficult of a burden the emotional and financial stress can become when our clients are already trying to manage the physical aspects of a disabling condition.
Our legal team is here to help shed light on disability benefits eligibility, the process involved in disability determination services, and to help those who are wondering just how long does it take to get on disability? Contact us today to schedule a consultation to discuss your potential eligibility for Social Security Disability Insurance Benefits or Supplemental Security Income benefits.
How Long Does It Take to Get Disability Benefits?
As they begin the application process, one of the most common questions people ask their attorneys is how long does it take to get disability? Unfortunately, it often takes more time to receive disability benefits than most people realize.
Attorney Matthew A. Schondel has years of experience helping many of his clients obtain the SSDI and SSI benefits that they deserve. We can help you file your initial application for benefits or assist you throughout the appeal process if your application for benefits has been denied. Call The Law Office of Kneisler & Schondel today at 707-542-5132.
Understanding the Reasons Behind Delayed Disability Benefits
This is something important to keep in mind as you plan ahead early in the disability determination services process when you begin to apply for benefits. Before you begin, you should know that there are two main types of disability benefits—Social Security Disability Insurance benefits and Supplemental Security Income.
Overview of Disability Benefits SSDI and SSI
Social Security Disability Insurance benefits (SSDI) and Supplemental Security Income (SSI) serve different purposes, so learning the key differences between these two benefits can help you determine which one best fits your own unique circumstances. To become eligible to receive SSDI benefits, you must be disabled and also meet the necessary work history requirements.
On the other hand, eligibility for SSI benefits is based on both your age and disability, as well as whether you have limited income and resources. In general, disability benefits eligibility depends on a few different factors, so it is always helpful to speak with an experienced attorney who can help guide you through the process.
Common Causes for Delays in the Approval Process
How long does it take to get approved for disability? Typically, after you apply for SSDI benefits for the disabled or for SSI, your application takes approximately three to five months to be processed. However, delays often occur.
There are many different reasons why the approval process for SSDI and SSI benefits can be delayed. One of the most common causes for delays is that many applications are denied. Since Social Security uses a strict definition of disability that is based on both your ability to perform work and the anticipated length of your disability, applications are not always approved.
Another reason for delays in the approval process is that applications are not always complete when they are filed. When you apply for SSDI or SSI benefits, you must submit medical records that support your application. If you fail to submit the required documentation to support your application, this can cause the process to be significantly delayed, or may even result in an outright denial of your application.
Delays in the approval or application process can also occur when someone applies for SSDI or SSI benefits, despite not actually being eligible to receive the benefits. For example, if you have a short term disability from work, you are not eligible for SSDI or SSI benefits.
The Impact of the COVID-19 Pandemic on Processing Times
The COVID-19 pandemic had a substantial impact on SSDI and SSI application processing times in that despite a decreased number of applications, processing times actually increased throughout this period. Additionally, as of 2024, the application processing times continue to take longer than they did prior to the pandemic.
The Social Security Administration Disability Determination Services took longer to process claims throughout the pandemic due to multiple challenges it faced during that period. Some of these challenges included losing a significant number of staff members, difficulty training new employees with distance protocols, and additional challenges with telework, policy changes, and communications with claimants using phones provided by the Social Security Administration. Currently, there is still a substantial backlog of claims and anticipated new claims in the future, so processing times are expected to continue to remain lengthy.
Strategies to Expedite Your Disability Benefits Application
While you cannot ensure a quick turn around with your benefits application, there are certain steps that you can take to make sure that you minimize any opportunities for delays so that your application is processed as soon as possible.
- Gathering comprehensive medical and employment documentation – It is essential to collect all medical documentation that supports your disability, as well as obtain copies of employment documentation that shows your inability to work or can otherwise help you prove your claim. Including all of these documents can help you avoid processing delays.
- Seeking help from a disability attorney or advocate – One of the best ways that you can move your disability benefits application along faster is to hire a disability benefits attorney to file your application on your behalf and represent you throughout the process. Your attorney will know all of the filing deadlines, as well as the required documentation that you must include with your application. Having an attorney guide you through the application process can help you avoid unnecessary delays or denials.
- Exploring options for expedited processing for critical conditions – If you have a severe disability, you may qualify for expedited processing of your application for benefits. You do not need to use a different form or follow a different process for expedited processing for this reason, but your disability must be severe enough to be listed as one of the Social Security’s Compassionate Allowance Conditions. Some conditions that may qualify for expedited processing include brain disorders, certain types of cancer, and a number of different rare disorders that affect children.
Navigating the Appeals Process Successfully
Fortunately, if you believe that your application for benefits has been wrongfully denied, you can challenge the denial with an appeal. If you decide to appeal a denial of SSDI or SSI benefits, it is wise to consult a social security attorney as soon as possible after learning that your application has been denied. There are deadlines that must be carefully followed throughout the appeals process, so hiring an attorney familiar with the process is a good way to ensure that your appeal is handled properly.
Understanding the Steps in the Appeals Process
Generally, there are four levels in the appeals process for Social Security Administration decisions, such as SSDI or SSI determinations. These levels of appeal include:
- Reconsideration;
- Hearing by an administrative law judge;
- Appeals Council review; and
- Federal Court review.
The Role of An Administrative Law Judge in Appeals
If your initial application was denied, and your request for reconsideration was denied, the next step in the appeals process is to proceed to a hearing before an administrative law judge. You must request a hearing within 60 days of receiving the unfavorable notice of reconsideration determination.
At this stage in the process, having an attorney represent you can make or break the outcome of your case. If you have not contacted a disability benefits attorney yet, this would be a good time to do so.
The administrative law judge’s role can vary greatly depending on the decisions you make at this stage. For example, you have the option of forgoing a hearing with witness testimony, and instead may ask the judge to make a decision based on the evidence already in your file.
How to Prepare for Your Appeal to Increase Chances of Success
Be sure to carefully read through the rules of the appeals process and make note of all deadlines. If you plan to testify at a hearing before the judge, strongly consider legal representation, and go over the facts of your case with your attorney in detail prior to your hearing. Keep all of your medical records, work documents, and other relevant documentation organized together in a binder so that you can easily reference these items as needed throughout the process.
Preventive Measures to Avoid Delays in Future Applications
Avoiding delays in future applications is an important consideration when applying for benefits for the disabled. Some crucial preventative measures include:
- Maintaining organized and thorough medical records and work/employment documentation;
- Staying informed about changes in Social Security policies; and
- Applying as soon as possible for disability benefits and consulting with legal professionals for assistance throughout the application and appeals process, in the event that your application is denied.
Whether you are just beginning to file your application for SSDI or SSI benefits, or you have started the process and already received a denial of your application for benefits, The Law Firm of Kneisler & Schondel is here to help you navigate the next steps. Contact us today to set up a consultation so that we can learn more about you and your legal needs.