What happens after the Social Security hearing and beyond??

on Aug 4, 09 • by • with 17 Comments

This post focuses on what happens after a Social Security Hearing and what happens if you win: 1) Nothing happens until it’s writing. So after months and months of waiting, you finally go to your Social Security Disability hearing.   You got prepared.  You took all of your medical records.  You gave your...
Pin It

Home » After the Hearing, Approval For Social Security Disability Benefits, Social Security Disability Hearing process, The Social Security Disability Process » What happens after the Social Security hearing and beyond??

This post focuses on what happens after a Social Security Hearing and what happens if you win:

1) Nothing happens until it’s writing.
So after months and months of waiting, you finally go to your Social Security Disability hearing.   You got prepared.  You took all of your medical records.  You gave your testimony.  Now what??  Very simple.  You wait!   NOTHING, and I repeat, NOTHING will happen with your case until you get a written decision from the judge.  The written decision directs the Social Security Administration on what to do with your case.

2) They say _____ days but that’s just a guess.
In some hearings, the judge may give you an “APPROXIMATE” time of how long it will take to get a written decision.   Please note that I emphasize “APPROXIMATE”.  Please don’t walk out of the hearing thinking that the judge is GUARANTEEING that you get the decision in the days the judge said.  Here’s why.  First, if you have any records outstanding, they may wait on those records.   Second, the judge has to give their information regarding the decision to a ‘writer’ who will write the decision.  I hate to tell you but there are usually only a few writers for several judges who have to handle hundreds of cases a piece.   Third, after the decision is written, the judge has to review the decision.  Finally, after the judge gives the ok, it goes and gets a final edit and then released to you.   In the best case situation, this can be a few weeks.  I’ve had a few that lasted up to 6 months.  It just depends.

3) You can’t rush the judge so why bother.
Listen, the JUDGE is the final decision maker and you CAN’T act a fool with the judge.  Remember all those times you were blowing up Social Security phone line demanding your case to be processed or moved forward, well you’re at the final destination and the Judges take their role of evaluating your case seriously.    And most importantly, the JUDGE is the LAST person you want to harass about your case.  They already know how important it is and how long you’ve been waiting so ‘chill out’ and wait.

4) Just because they SAY you’re approved don’t get the high pro glow.
Judges rarely will tell you that you’re approved at the hearing.  However, in some instances, they may tell you.  However, it’s important to remember (as stated at point #1) that you need to wait until you get the written decision.  Am I saying that a judge will lie?  NO, that’s not what I’m saying.  However, a judge can review your information and change their mind after reviewing everything again so wait until you see the decision.

5) Now, you got it, here’s what the language means: Alot of times, people will get the decision and not fully understand what all of the extra language means.  Here’s a quick down and dirty of what you’re looking -

a.  Fully Favorable / Partially Favorable
On the very first page, you should see something that says Fully Favorable or Partially Favorable.  Fully Favorable means that you got everything you asked for in your request (In terms of your disability date and eligibility for programs from a disability standpoint) and Partially Favorable means that you win but the Social Security Administration disagree with the full extent of what you’re asking.  You may get something but not the full amount of what you were expecting.

b.  Appeals Rights
Under the regulations, you have 60 days to appeal the decision.  Usually people don’t appeal a Fully Favorable but you can appeal a decision.  It is your right.

c.  Appeals Council can review
Most people don’t realize that there is a judicial body that oversees the judge’s decisions and can render a decision regarding a case.  In some instances, the Appeals Council can pull a decision to determine if the judge makes the right decision.  What does that mean?  If the Appeals Council has a problem, they can make the judge (and you) have the hearing again because of a discrepancy.

d.  SSI means the date of the application (that’s when you get paid)
If you have a Supplemental Security Income case, your application date is crucial because that’s the date Social Security will start paying you.

e.  DLI doesn’t mean that’s when your disability will run out
These initials stand for “Date Last Insured” and this date almost ALWAYS throws people for a loop.   This date does NOT mean that this is when your disability will run out.   It is an insurance date.  Remember, when you are applying for disability on your earnings, you have to demonstrate you became disabled within a certain period of time.  That period of time is anytime before your DATE LAST INSURED.   So when you see that date and the decision says “date last insured”, as long as you became disabled before that date, you should be fine.

6) Who is going to pay you???? This part is even more confusing because sometimes people don’t know when they are going to get paid -

a.  SSI -  Local Office
If your claim was for Supplemental Security Income ONLY, the local office that handled your claim will be the only office handling your payments (Unless you moved).

b.  DIB – payment center
If your claim was based on your earnings, a payment center (usually in Baltimore, Birmingham, or Jamaica-NY, etc.) will be responsible for handing your payments.

c.  Concurrent – a little of both (this one takes awhile)
Here’s how it gets tricky.  If you qualify for both programs, the SSI portion has to go through the local office and THEN, the case gets transferred to the payment center to handle the other portion.  It’s tricky because they both rely on information from each other so if one office is missing something, this may hold up payment on both ends.

7) How long?  Stop rushing them, you gonna get your money
This statement may seem cold but recognize “You gonna get yo money”.  I say that because SSA recognizes that once you’ve been approved, you have a burning desire to get your money as soon as possible.  I typically tell people to give it 60 to 90 days to get everything in the system.  In that time, you should get your back pay, start getting your monthly pay, and additional information.

8) What are these letters from SSA???  Notice of information?  Awards Notice?
Social Security is going to send you alot of information about how much money you’re going to get and when you’re going to get it.  If you happen to get your money FIRST, don’t freak.  It happens like that sometimes.  Just know that SSA will make sure that you’re informed.

9) Make sure you have your documentation that they need or your money WILL go slow.
Remember, SSA is going to ask you for alot of information so if you’re slow on the draw regarding providing that information, you could hold up your case.

Yes, Yes, I know it’s amazing all of the things you have to do but recognize, in the end, you will be happy you receive your benefits.

This post also tagged in:

Related Posts

17 comments on “What happens after the Social Security hearing and beyond??

  1. I am 53 soon to turn 54 years old who is Bipolar, severe depression and was told I could not return to my old position which was a LPN. This is my second hearing with the same judge. I also have HTN, heart problems and kidney disease. We got the VE to state that I could not work. I had my hearing on February 23, 2012 and was told by ODAR that the judge have not made a decision. Do this sound good or bad

  2. johnny on said:

    I want to thank you very much for your Time, This has been the best answers to All my questions and you’ve taken a lot off my mind. again thank you so much!!!!

  3. Linda on said:

    My husband has applied for disability and has gone as far as the hearing with the Judge and is now waiting for the decision. He has been out of work since 2007 and this year is his fifth year out of work. He did not apply for disablity until Feb. 2011 because his problem is mental and it took a long time to get him into treatment and well enough to apply. We have been told that if he is turned down by the judge from the hearing, that he has 1 appeal he can make to a committee and then a possible lawsuit. We were told that if he fails on all of these that he cannot reapply because he would have been out of work too long. Is this true that there is a time limit to reapply?

    • My apologies for my late response to your question about your husband.

      Based on the limited information you provided, it sounds like your husband has a “Title II (DIB)” application. These applications are based on your quarters of coverage. According to your message, he is currently at the hearing level. If he is denied by the judge, he has 60 days to file an administrative appeal to the Appeals Council. If he is denied by the Appeals Council, he can then file a Civil Action in United States District Court and fight his case through the federal court system.

      Under the regulations, if your husband’s coverage expired during the Judge’s hearing review and the judge denies him, once your husband has exhausted all of his administrative and federal court remedies, he would not be able to re-apply for Title II (unless he returns to work). Your husband may try to apply for SSI but that depends on your financial situation.

  4. I have an my hearing done on October the 22th and, now I would like to know whats next for me?

    • The next step is to receive a hearing decision. You should receive a written decision in a few months. This decision is necessary for you. If you’re approved, the decision will ensure you are paid. If you’re denied, the decision will let you know the steps to appeal.

  5. Okay so I’m receiving my own ssdi benefit from my earnings. Since I was disable before 21 I am also entitle to adult child benefits from my father earnings. They say my case is at the Balitmore payment processing center it went October 17 2012 and that someone started working on it October 26-2012. So eventually how long should this take I’m am very exhausted since my I did my application on August 21-2012

    • Thank you for your question.

      Typically, it takes 60 to 90 days for them to process your benefits in order to ensure that they properly calculate your benefits. I know it may be frustrating but it is truly to your benefit for them to calculate your money properly or you may end up with an overpayment.

      It appears you filed your claim in August 2012 and was approved fairly quickly. I always stress to persons who have had their case approved quickly to be patient since, based on my experience, the average person may take a year or longer to get approved.

  6. angelpink on said:

    Anthony, I have a lawyer fighting for my claim we are waiting on a judge’s decision on my medical records and dire need letter. I have severe cervical spondylosis of the neck and spine, severe osteoarthritis, depression, anxiety disorder, I have been waiting since June 12, 2012 with my lights being shut off in November and still waiting on a decision to either be awarded by the judge or have a hearing. We already appealed. We are trying to get my SSI disability claim expedited faster for an approval.

  7. My mother has early onset dementia. We thought she was on a “fast track” to receive benefits, but got a letter on Friday saying she was set up for a hearing in December. Is there a chance they will “fast track” her decision because of the illness? She has been out of work for two years. We first filed in Feb. of 2011.

    • Thanks for your question.

      In some instances, the Social Security Administration will expedite a claim if the person falls into two situations:
      1) Terminally Ill – the person is expected to die soon.
      2) Dire Need – the person is experiencing extreme financial hardship (i.e. foreclosure, bankruptcy, eviction, etc.).

      Unless your mother can show she falls into one of those categories, her case may not be expedited.

      The Social Security Administration typically doesn’t expedite a person’s case just based on their medical condition. Everyone’s case is processed based on when their request for hearing was processed.

  8. I will a letter to my attorney and it was a dire need letter. explaining my situation about the house we live in without lights.i can to become homeless at anytime. the judge denied my dire need letter. I’ve been waiting for some time to my case to be heard by the right person I was wondering if there is a way for me to appeal a judge’s decision.

    • Mr. Daniels,

      I’m sure your attorney can help you appeal the judge’s denial. However, I’m sure your attorney will, also, tell you that you need more supporting documentation to demonstrate you are in dire need. Supporting documentation is much more convincing than merely appealing the judge’s denial.

  9. I have been out of work since 2003. Applied in 2004 and got a call yesterday that I am finally approved. I had two appeals before a new Judge realized my difficulity. This website has answered pretty much all of my questions. The call was to get my direct deposit info. Letter to follow in 7 to 10 days (as I was told)
    When I could no longer work I moved back in with my ex husband. eventually we remarried so I could at least have some insurance for my medical needs. Being dependent on someone after being on my own for seven years was difficult but I am so grateful he and I had a polite divorce. We make great roommates but asking to purchase ‘wants’ aside of ‘needs’ is degrating. I finally feel like a human being again. TMI…sorry :)
    So, thank you so much for taking the time to help all of us who may have been lost with needing direct straight forward answers.
    Have a Blessed Christmas (yes, I am politically INcorrect) lol

  10. my hearing was nov. 21, 2012…..does a denial letter take just as long as a reward letter, if thats the case? I pray that its not!!!

  11. Good day! Do you use Twitter? I’d like to follow you if that
    would be okay. I’m undoubtedly enjoying your blog and look forward to new updates.

Leave a Reply

Your email address will not be published. Required fields are marked *

*

* Copy This Password *

* Type Or Paste Password Here *

31,353 Spam Comments Blocked so far by Spam Free Wordpress

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Scroll to top