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.
