I Have to Wait How Long for my Hearing Decision?
Back in August, 2007, I wrote a blog post entitled "How Long Do I Have to Wait for my Hearing Decision." Back then I reported that in most cases, a claimant would have to wait two to three months for a hearing decision.
Fast forward to 2009. That two to three month period is now four to six months. Here's why: about 18 months ago, the Social Security Administration convinced Congress to allocate more money to hire new administrative law judges, and SSA immediately hired around 100 new judges. At the same time, Social Security put into process its conversion from paper files to electronic files and they created the infrastructure to provide for video hearings.
In Atlanta, where I practice, SSA created a video hearing ODAR office in Marietta, Georgia with three hearing rooms available to handle video hearings.
The good news – Social Security is now equipped to offer claimants administrative hearings. The bad news: the hearing offices often do not have enough support staff to process all of the decisions being issued by new judges and judges appearing by video.
As I noted back in 2007, the judges themselves do not actually write the decisions – that task is assigned to "decision writers" – individuals who may be staff lawyers or paralegals who are not in attendance at the hearings but who prepare the decisions for the judges' review.
Even though the decision writers follow a standard hearing template, the decision has to be written, proofread and sent to the judge for review. Since the judge may not see a decision for weeks or months after the hearing, he most likely will not remember the case, meaning that he will have to review the file and verify that the decision reflects his thoughts.
Because of the volume, I am seeing delays of four to six months between the hearing dates and the issuance of a decision.
This delay can be especially frustrating for claimants who are expecting favorable decisions. In some cases, judges announce at the hearing that they plan to approve a particular case. The claimant leaves the hearing office happy, knowing that a big lump sum check is headed his way along with monthly benefits and access to Medicare. Imagine how frustrated that claimant will become when there is a six month wait in the issuance of a decision.
Unfortunately there is just not a whole lot anyone can do about these growing delays. As an advocate for my clients, the last thing I want to do is anger a judge by demanding that my cases be moved to the front of the line. Social Security judges work hard and they know that there is a decision processing problem. Complaining by a lawyer or a claimant is not going to help. And since the judge has the power to change his mind, I am not a big fan of demanding action by calling your Congressperson.
While frustration and anger is understandable, there is no remedy unless and until Social Security hires more staff to support its expanded judicial corps.
Filed under Administrative Law Judges, Delays, Disability hearings by 
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Comments on I Have to Wait How Long for my Hearing Decision?
I have been waiting for a trial in the Atlanta office now since Sept. of 2007. My attorney, Kevin Hall of Atlanta, who will be calling July 8, 2009 just to update, still doesn't have a date set for the trial.
Having been on disability now for nearly 4 years due to my career choice (sanding & refinishing hardwood floors), I am homeless and totally dependent on family members to survive. I have contacted every House of Representative and Senator in the State of North Carolina, including the Governor, with no response. I have also contacted the Vice President and President…no response. After working all of my life and faithfully paying SS taxes…this is where you end up. Depending on your family and other Americans…please- don't depend on Social Security folks
I had to wait 18 months for my hearing which I understand is not so long. I could have it sooner if I was willing to have a video judge but being severely hard of hearing, I needed a live body there to read lips and such.
I had an awesome lawyer (I'm in Idaho) too. After the hearing my lawyer was confident I had won. But to hear you say it could be up to six months rather that six weeks before I hear anything is a real bummer. I'm hoping my lawyer's estimate is right and it will be only about four to six weeks. Crossing my fingers!!!!
Mary aka GG
Hello, thank-you for having such and informative web-site. I applied for disability in Oct. 2006 I went for my hearing June 12th 2009 and received an approval letter 12 days later.My disability date was amended to April 1st 2007. My disability is severe back problems, had spinal fusion in 2007 and diagnosed with bi-polar which the judge said was not a big enough factor to receive disability but recommends having a person assigned to receive my check every month.
How long does it usually take to get a check?
Do you get cost of living raises on disability?
Well, the attorney called on the 8th of July, just like he said he would. Still saying that the Charleston office is way behind schedule and that he doesn't have any date whatsoever for my trial…it's been so long, the attorney can't even remember my doctor's diagnosis b/c he's asking me what's wrong with my lungs and why the doctor needs to put me in the hospital??? Doctor can't put me in the hospital b/c I have no insurance, can't get medicaid b/c I have a claim in for SSI benefits. And no response back from any of the elected officials from the great state of North Carolina or the VP/Pres., not that I expected it.
i had my hearing in oct.of 09 i wanna know that the judge asked the voc rehab person.if this person could do his past work he said all but one.the last question the judge asked the voc rehab person is that could this person work 40 hrs a week 5 days a week.voc rehab said no.what does this mean the judge didn't rule a decision that day.does that mean my case will be favorable.
To Jeff Trimble. I had the same experience as you. Did you have your hearing in Colorado Springs? I had a female judge that seemed ice cold. She ask the voc. rehab guy those same questions about me. At first, she ask him if "I could work such and such jobs." He said "Yes." The last question she ask him was "could I work if I took about 3 or 4 days of sick leave a month." He said "no" (because I'd get fired.)I left there pretty aggravated because I wasn't told if I was getting approved or not.
I had my hearing November 2009 waiting not even a year from my last denial from SS, it has now been 2 years 8 months since I first applied and I am waiting for a decision in the mail unpatiently form the judge
. The judge asks 5 questions about being able to do a certain job to the vacational rehab specialist, like Rhonda and Jeff the judge was also told this by my vacation rehab specialist, as far as I know it is normal, or I'm going on what my lawyer has told me. They put out "hypothetical" theories about what you would and would not be able to handle and I was also one of those "I would get fired, having to take 6 unsced. breaks and missing 2 days of work", it would cause me to get fired – before that the run pretty much for being able to do everything to not being able to do anything at all. My hearing made me an emotional mess. The judge also told me that I would receive his decision quickly. I have yet to receive the decision which my mother knows he had his decision the minute we walked out the door. Good Luck to everyone and I hope I helped 
I applied for SSD benefits in 05/08. My hearing before the ALJ was 10/09. I called the adjudication board and they told me that the judge had made his decision, but couldn't tell me what the decision was and that my case had now been turned over to an underwriter. What happens from there and how much longer will it take before I hear something?
I had my hearing on November 10,2009 after waiting for two years for this hearing. The judge also asked the VE questions regarding me being able to do my past work. And was told I wasn't able to do my past work and that what I did was skilled work. Then the VE stated after questioned by the judge that I could work in a restaurant as the cashier. I didn't understand where he got this job from. I don't know if I will be approved I am 60 yrs old and have worked my entire adult life with no down time. Now I am waiting for the hearing decision. I was told by my atty it would take 3 weeks to 3 months. But at this time do you think that I should contact the ssa office to find out the status of my hearing decision. Its very stressful waiting and not knowing. Its been such a long time I first applied in January 2006. Can you give me advise on what I should do at this time
@Melissa Renee Genery: I was told the same thing Melissa, Mine turned out to be approved. hope yours does the same.
@Mark Fincannon: I hate when people say the poor judge has slot of work and to just wait we have all been waiting my wait has taken everything from me my home my car my credit so I am all of of time to just wait I know if it was them they would be upset and pace around waiting to here somthing each day I was approved like 6 weeks ago after 3 years of waiting and was told it would be 4 to 8weeks and that the hard part was done the way I see it I'm still waiting LOL it's still hard to wait no matter where u are in the process I'm like a month away from living in a trailer boy will that be fun they will have taken even the basics of life from me at that point but all I can do is wait but atleast I have company