Thursday, January 16, 2020

AFTER YOUR HEARING....WHAT'S THE DELAY?

Many people call me after they've attended their hearing and want to know "What's next?"  If they were my clients they would know because I would've told them.  But I get calls from folks who are not even my clients.

So, here's the scoop on what to expect after your hearing is over.  The short answer is, more waiting.

DECISION WRITING is the first thing you wait for.  When the judge makes a decision, it is sent to a decision writer to be typed up.  This takes a long time because the decision is very technical and may run up to 20 or 25 pages.  Of course, the decision writers aren't just working on your decision, they have dozens or hundreds of them, so get in line.  It typically takes 6 to 8 weeks to get a decision written and sent out but I've seen it take even longer.

PAYMENT PROCESSING is the next big wait.  If you received a favorable decision, the case goes to a payment processing center, such as the one in Baltimore, for benefit amounts to be calculated and checks processed.  How long does this take?  It varies with each case.  Sometimes I see checks issued within 30 days of the decision; however, a wait of 60 to 90 days is more common.

If part or all of your benefit is from SSI, or Supplemental Security Income, the wait will be longer.  This is because Social Security must conduct an interview with you to decide whether you meet the "financial requirements" for SSI, which is based on financial resources, income and living arrangements.  The local Social Security office must become involved in the SSI investigation before the payment processing center can write a check, so the process takes even longer than it does for a straight SSDI case.

Waiting is a very important part of Social Security disability, as frustrating as it can be.

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