How long will my disability case take?

The short answer is: it depends.  Disability cases typically take from 6 months to 18 months, from the day that you apply, to the day that your disability benefits are disbursed. 

However, if you suffer from a terminal illness, you may be eligible for a faster determination. 

The process can be broken down into distinct stages, each of which takes a predictable amount of time. 

What are the different stages of the disability process, and how long does each one take?

The first step in every disability case is to complete a disability application. 
Initial applications can take 4 to 6 months to process.  In this time the Social Security Administration will determine whether to award disability benefits.  It is important to keep in mind that most initial disability applications are denied, even for people who are entitled to (and will be awarded) disability benefits. 

If your application is approved, it will take an additional 2 months for Social Security to calculate your benefit amount and then execute payments.  In total, that will be between 6 and 8 months from the date that you apply. 

If your application is denied, the next step is to file an appeal, which means that we disagree with the denial, and want to prove that in front of a judge.  Each hearing office has a different wait time to schedule hearing.  In Michigan the average wait time varies from 6 months to 12 months. 

Once the hearing is held, a decision is written.  It usually takes 30 to 60 days for the judge to write the decision, but sometimes it can take 90 days or more.  The decision will be either: (a) Fully Favorable, awarding all benefits; (b) Partially Favorable, awarding some benefits; or (c) Unfavorable, awarding no benefits. 

Most disability cases are resolved at the disability hearing.  While the national average for approved cases is 42%, Slusky and Walt wins ~90% of our cases by the time we get to a hearing.  However, not every decision issued is Fully Favorable.  Unfavorable and Partially Favorable decisions can be appealed. 

What happens if the decision on my case is Partially Favorable?

Partially Favorable decisions can be appealed to the appeals council. 

What happens if the decision on my case is Unfavorable?

If the decision is unfavorable, there are 2 options: (a) You can appeal the decision to the appeals council; or (b) you can file a new disability application. 

If you file a new application, you will forfeit potential past-due benefits under the previous application, and will have to prove that your conditions became worse, or you have a new severe condition since the unfavorable decision.