How Long Does It Take?
Social Security Disability claims can take an extremely long time to be processed. From the period you actually apply until an administrative Law Judge makes a decision, the time can vary depending on how many cases are submitted at any given time in your city. The average time for a claim is about one year in the state of Georgia.
The Social Security Administration is currently working on improving these long processing times by hiring more judges and support staff. Monies have been set aside in the economic stimulus plan just to improve the wait time. Other factors that can affect the long wait times include the fact that some Social Security offices handle a larger caseload than others do. When this occurs, these offices are given special consideration.
The Office of Disability Adjudication and Review (ODAR) plans to open more offices within the United States this year. They review and make decisions from all of the evidence and arguments made by the parties. You will be asked to provide information and proof of your disability. You must be patient while the process unfolds. The dates that appeals are decided are all within the time schedule of the Social Security Administration.
It is when your case is argued before a judge where your attorney or representative is given the opportunity to present your case in person to the judge. This is where your case is best argued.
A hearing before a judge can be intimidating. The judge works for the Social Security Administration.
Adjudication according to Wikipedia encyclopedia is the legal process by which an arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. Even if a ALJ rules against you, you have two other appeals that can be filed.
The first of these is the appeal that is sent to the Appeals Council in Falls Church, Virginia. The purpose of this appeal is to have the decision of an administrative law judge (ALJ) reviewed. If the Appeals Council in its review finds that the judge erred in judgment or in the application of the rules, the case may be remanded back to the ALJ for a second hearing.
The second post-ALJ appeal is the filing of a civil action in federal district court. This comes into play if the Appeals Council fails to remand a disability claimant's case back to the hearing office for a second hearing.
At this stage, if you are represented the representative must be a licensed attorney.