Q. Who makes the initial decision whether I am disabled or not?
A. Social Security hands off that decision to a state agency known as the Disability Determination Service.
Q. If my claim is denied what should I do?
A. File a written request for a hearing within 60 days of the denial--if you live in Alabama. If you live in Tennessee, file a written request for "Reconsideration," which is different than a hearing. Procedures differ between Alabama and Tennessee but the 60 day rule applies in both states.
Q. If I hire an attorney or representative, how is he or she paid?
A. If you win the case, Social Security will withhold an approved fee out of your accrued back pay and pay the representative directly (assuming that the representative is qualified for direct payment of fees). If you don't win there is no fee.
Q. What's the timetable for Social Security disability decisions?
A. Times vary by location but here is the general time frames: You will get an initial decision within 3 to 4 months of filing the application. If you must appeal and have a hearing, it will take 12 months on average. Wait times for hearings vary from office to office with the national average being just over one year. You will receive a notice of the judge's decision by mail usually within 6 to 8 weeks after the hearing. Payment is usually made within 60 days after notice of decision, barring any complications. Be sure your banking information on file with Social Security is correct because payments will be made by direct deposit. An error in your account or routing number can cause untold misery and delay. Also, be sure Social Security has your correct mailing address. Returned mail can delay payments, even if you are getting direct deposit. The post office will not forward Social Security mail and when mail gets returned to Social Security, it can hold up things for a long time.
Q. Can my attorney get my hearing expedited?
A. Expedited hearings are available only in two extreme situations: (1) Your condition is expected to result in death within one year, (2) you have a dire need. Examples of "dire need" might be: no food, inability to get urgent medical care, you are homeless or about to be evicted, etc. Most situations do not qualify for expedited handling.
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