Social Security's Hearing Backlog - How Long Does It Take To Get A Hearing?

The lengthy wait for Social Security Disability and SSI hearings has caused concern all over the country. The Social Security Administration is attempting to address the problem, but I do not speak to a client that does not ask how long it will take for the their case to be processed. So how long will it take to get a hearing scheduled?

The answer is...it depends on where you live in the country. The Social Security Administration has posted statistics about the number of cases filed with the Office of Disability Adjudication and Review (often called the 'ODAR'). You can view Social Security's hearing statistics through June of this year for free on their website at http://www.socialsecurity.gov/appeals/congressional-booklets.html. There, you can go state by state and see:

• How many Requests for Hearing were filed in each state;
• How many hearing decisions have been issued this year;
• The average number of days to process a case to a hearing; and
• The number of pending Requests for Hearing in the particular state.

You can also view national statistics, as well as the Social Security's Administration's plan to eliminate the heavy backlog of cases pending for hearing.

For example, in Florida (our law firm's base of operations), the average wait for a hearing is 514 days. That means that from the time a disabled person or their attorney files their Request for Hearing paperwork, that is will take over 17 months (on average) to get a hearing. This is scary, because a disability claimant has already gone through the Initial and Reconsideration phases of Social Security Disability's process which can take 6 months or so by themselves. Worse, after the hearing date, some Administrative Law Judge's may not issue a written decision for months, leaving the claimant wondering what the decision is in their case. From Initial Application to receiving a hearing decision can easily take a total of 2 to 3 years.

My hat is off to the Social Security Administration for developing a plan to combat the backlog of Disability hearings and for its willingness to disclose its statistics. Lets all hope that Social Security can reduce these horrible delays to help our those with disabilities avoid having insult added to injury by having to wait for years to get disability benefits they deserve.



Copyright (c) 2009 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Social Security Disability or SSI claim, Long Term Disability claim, ERISA Disability benefit claim, or Veterans Disability compensation or pension claim, call Disability Attorney John Tucker at (866) 282-5260.

Disability Attorney John Tucker Elected Secretary of AAJ Social Security Disability Section

Disability Benefits Attorney John Tucker with Tucker & Ludin, P.A. based in Clearwater, Florida was elected as Secretary of the Social Security Disability Section of the American Association of Justice (AAJ). AAJ is a national organization dedicated to protecting America's civil justice system.

Mr. Tucker was also a featured lecturer at AAJ National Convention in San Francisco, California on July 25, 2009.


Copyright (c) 2009 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Pinellas and Hillsborough Low-Cost Health Clinics To Receive Funding

As reported in the St. Petersburg Times on July 8, 2009, local health centers that provide low-cost care for patients will soon be receiving stimulus funds that will enable expansion of facilities and updates of computerized records systems. As announced by U.S. Rep. Kathy Castor, D-Tampa, construction on six exam rooms at the Johnnie Ruth Clarke Health Center will begin late summer or early fall. In addition to the new rooms, the $1.1 million for Pinellas clinics will help improve computerized records systems. The $1.3 million in funding for the Tampa Family Health Centers will be used to help move the facility to a new, expanded location which will have 19 exam rooms, instead of the current 8.

For more information on the Tampa Family Health Centers, please click here. For more information about the Community Health Clinics of Pinellas, click here.

If you are in need of additional financial and medical assistance while waiting for your disability benefits, you can check this earlier posting for local resources. If you need help obtaining your disability benefits, please contact Disability Attorney John Tucker.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

What is the difference between Social Security Disability (SSD) and Supplemental Security Income (SSI) - Part I?

Both SSD and SSI are Social Security Administration programs that pay benefits due to a person's disability, but they are very different. SSD is available to people that are "insured." That means people that have worked and paid payroll taxes into the system for a minimum period of time. SSI is an indigent program available to people that do not qualify for SSD or for people that have limited assets and SSD does not pay enough to reach the SSI level.

Here are some basis financial requirements of both programs:

· SSDI financial eligibility is based solely on the Social Security (F.I.C.A.) payroll taxes. · Resources are not taken into account · To be eligible for SSDI, the claimant must have paid F.I.C.A. taxes in 20 out of the last 40 calendar quarters (five out of the last ten years). If the claimant is under age 31, that number is reduced. Over age 42, the minimum number of quarters increases approximately one quarter for each year over age 42. 20 CFR §404.130. · As long as the claimant can meet the payroll tax payment requirement, a claimant may receive SSD benefits if they become totally disabled, regardless of what other income or wealth they may have.

Financial Eligibility Non-medical requirements

· Resources/Assets must be less than $2,000 ($3,000 for a married couple). 20 CFR §416.1205. This includes all money in checking, savings, as well as retirement savings accounts. It also includes real estate (except your home), stocks, bonds, mutual funds, and other investments. 20 CFR §416.1201. It does NOT include one car, the residence the claimant lives in, most personal property including furniture and clothing, and certain other exempt items. 20 CFR §416.1210; 20 CFR §416.1212; 20 CFR §416.1216. 20 CFR §416.1218. · Income is more complicated since it is related to the amount of SSI benefit a claimant is eligible to receive and that varies. Generally, the claimant’s income must be less than the amount of benefit they would be eligible to receive, and SSI will only pay the difference between the claimant’s other income and the amount they would be entitled to receive based on their residence and living situation. 20 CFR §416.1100.

My next post will address how much in monthly benefits the Social Security Disability system pays in comparison to the SSI system.


Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

Social Security to Open New Hearing Offices

Social Security Commissioner Michael Astrue announced at a congressional hearing on March 24, 2009, that plans are in the works to open ten new hearing offices in an effort to reduce the disability backlog. The new locations will be:

• St. Petersburg, FL
• Tallahassee, FL
• Atlanta South, GA (Covington)
• Topeka, KS
• Livonia, MI
• Mt. Pleasant, MI
• Fayetteville, NC
• Akron, OH
• Toledo, OH
• Madison, WI

Three new National Hearing Centers will also open in the following locations:

• Albuquerque, NM
• Chicago, IL
• Baltimore, MD

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

DISABILITY BENEFIT TIP: How Long Will It Take to Resolve Your Disability Claim?

The amount of time it will take to resolve your disability claim (before filing a lawsuit) will vary according to the type of claim (insurance or Social Security) and how the claim progresses. Keep in mind that some Social Security offices and some insurance companies take more or less time, but here are some general guidelines:

Social Security Disability

1. You apply for benefits

2. Expect 3 - 6 months to receive a decision

3. If you are denied, you have 60 days to appeal (request reconsideration)

4. Expect 3 - 6 months to receive a reconsideration decision

5. If you are denied, you have 60 days to appeal (request a hearing)

6. Currently, it takes between 16 - 24 months for your hearing to be scheduled

7. Expect 1 -3 months to receive a decision from a judge after the hearing

8. Expect 1 -3 months to receive your first benefit payment if you are approved

9. If your claim is denied, it will take an additional 4 - 24 months for further appeals

Long Term Disability (ERISA claims)

1. You apply for benefits

2. Expect 1 - 2 months to receive a decision

3. If you are denied, you have 180 days to appeal

4. The insurance company has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

5. If you are denied, you may have an opportunity to appeal again. Your plan document will tell you how long you have to appeal.

6. If you appeal again, your insurance company again has 45 days to reach a decision, but can take an additional 45 day extension for a total of 90 days

7. If you are denied and you are not entitled to any more appeals, you can file a lawsuit. The statute of limitations to file a lawsuit depends on the plan document provisions and the state in which you live

REMEMBER: Be patient. The time it takes the Social Security Administration or the insurance company to make a decision is out of you or your attorney's control. Keep in mind that these are general guidelines and each phase may take more or less time.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.

National Pain Care Policy Act of 2009 (H.R. 756)

For many of our clients, pain is a primary disabling condition, whatever the underlying cause. That is why we applaud any research efforts related to pain management.

The U.S. House of Representative’s Energy and Commerce Committee approved the National Pain Care Policy Act of 2009 (H.R. 756). The legislation will now move to the full House for consideration and then travel to the U.S. Senate.
If signed, the National Pain Care Policy Act of 2009 would work to combat pain by authorizing a Pain Consortium at the National Institutes of Health (NIH) to expand research on causes and treatments for pain; providing comprehensive pain care education and training for healthcare professionals; creating a national public awareness campaign on pain management; and by authorizing an Institute of Medicine conference on pain management.

To read the Bill in its entirety, go to http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.756:.

Copyright (c) 2008 by John V. Tucker and Tucker & Ludin, P.A. All rights reserved. For assistance with your Long Term Disability claim, ERISA Disability benefit claim, Social Security Disability claim, or Veterans Disability compensation or pension claim, call Disability Lawyer John Tucker at (866) 282-5260.