How long does it take to get a disability hearing ?

Unfortunately, it can take quite a long time to get a disability hearing date scheduled and it is much better to know and realize this fact upfront to avoid complications and misunderstandings later---for example, basing financial decisions on the notion that a hearing will be schedule a mere matter matter of weeks after one has been requested, when, in fact, the reality is that the wait will involve months versus weeks.

The time required to get a disability hearing may depend on where you live (though ssi and ssd are federal disability programs administered by the social security administration, hearing offices in different localities have different backlog). So, it is difficult to estimate how long a hearing request may take in general terms. However, speaking in generalities, it is safe to say that, in most cases, a disability claim will take at least a year to be scheduled for a hearing before a judge after a hearing request has been submitted to the Office of Hearings and Appeals (through, of course, the social security office, as this is where the paperwork is actually sent).

Does it always have to take so long to get a disability hearing? Not necessarily. In some cases, a staff attorney at a social security hearing office may decide to review a case for a possible early decision. This is known as an on-the-record review and if such a review results in an approval, that decision will be referred to as an on-the-record approval.

However, staff attorneys at hearings offices, are, like most functionaries in the social security disability system, stretched for time. For this reaon, the likelihood of receiving such a review unprompted may be small. It is for this reason that an applicant for either ssd or ssi disability benefits may wish to "prompt" the hearing office into reviewing a claim on-the-record.

To do this, a claimant may contact the hearing office where their file is (sitting and waiting to be scheduled, most likely) and ask that it be reviewed. The disability applicant may also request the attorney handling their claim do this as well. And, in fact, if a social security lawyer has been retained, it may be simpler and more logical to have one's disability lawyer do this.

In either case, however, an OTR review should not be requested unless a disability applicant or the applicant's disability attorney truly believes that a review of the medical evidence prior to a formal hearing might result in an approval. Reason: there is simply no point in requesting an early review if the chances of wining on-the-record are slim.

Of course, a disability applicant who is represented should leave this evaluation to their ssd or ssi disability lawyer who should be able to gauge the opportunity that may--or may not--exist for an on-the-record decision.

Regarding how long it may take to get a disability hearing, however, there is one tip that should be followed by all: though the social security administration will allow you 60 days in which to request a hearing, don't wait. As soon as your denied and are eligible to file such a request, do it immediately.