How Long Must I Wait For My Social Security Disability Decision?

In 95% of all social security disability claims, benefits can be awarded in one of three phases of the application process; Initial Application, Reconsideration or ODAR (Office of Decision And Review) Hearing. 


If you received a favorable decision on your initial application or reconsideration, congratulations, your benefits will start as soon as the paperwork is processed.   You back benefits will likely be paid in a lump sum and your benefits will probably start within 30-90 days, assuming that you have completed the 5 month elimination period.

If your claim went through a hearing with an ALJ, you may have to wait longer.  Many ALJ’s in the Minneapolis and out state Social Security hearing offices take about 1-3 months to issue their written decisions.  When the decision is favorable, the claim file is then sent to the payment processing center, where it can take another 1-3 months for current benefits to start.
In some situations, Social Security issues current monthly benefits, but not the back payments.  This is because they need to investigate if you received any Supplemental Security Income (SSI) benefits.

Social Security does not have any specific rules on when they will pay you after being approved, but if you have not received your benefits 60 days after your hearing, give your attorney or the local ODAR office a telephone call.

If you are currently in the process of applying for Social Security Disability, please contact Minnesota Disability and Atkinson Law Office today for a FREE no obligation appointment.  There is NEVER a fee paid directly by you for representation.  Any fees will be paid from a small portion of the PAST benefits recovered.  Call today 651-333-3636 

Minnesota & Wisconsin Social Security Disability Experts

If you have a disability, then you may be eligible for Social Security Disability (SSD or SSDI) or Supplemental Security Income (SSI) benefits.  In order to receive these benefits, the Social Security Administration requires that you prove you are unable to work due to a medical condition that will last for at least one year in duration, or that will ultimately result in death.  Our expert attorneys and staff have years of experience in helping you obtain the medical support you need.

We know that the applying for benefits and proving your claim can be extremely difficult and frustrating.  Any mistakes in your application and failure to meet certain deadlines and complete paperwork required by the Social Security Administration can delay your receipt of benefits or in the worst case scenario lose your case.

Statistics clearly show that you are more likely to win your case with the help of a skilled disability attorney. The attorneys and staff at Minnesota Disability are ready to assist you with you claim.  You may question whether you can afford a disability attorney.  Minnesota Disability will never charge a fee unless you win.  Though we do not provide free help with Social Security cases, should we agree to represent you, we will never ever charge a fee unless you win your case.  After our client wins we are usually paid a limited fee by Social Security out of our client’s past due benefits. The fee is limited to twenty-five percent of the past due benefits with a limit by Social Security. If there are no past due benefits then we do not charge anything for our legal services.

Please contact attorney Tom Atkinson at Minnesota Disability today at 651-333-3636 or toll free at 800-933-5619 or visit our website www.mndisability.  We represent clients in disability claims in Wisconsin, Minnesota, Iowa, North Dakota and South Dakota.  Call Today!

Expediting Your Social Security Disability Application

News Release

Social Security Fast-Track Disability Processes Get Even Faster 

Michael J. Astrue, Commissioner of Social Security, today announced that the agency has published final rules that will further reduce the time it takes to decide applications for disability benefits from those persons with the most severe disabilities—a process that currently takes less than two weeks on average.  The new rules allow disability examiners to make fully favorable determinations for adult cases under the agency’s Quick Disability Determination (QDD) and Compassionate Allowance (CAL) processes without medical or psychological consultant approval.  It also will help the agency process cases more efficiently as it will give medical and psychological consultants more time to work on complex cases where their expertise is most needed.

“The new rules we are publishing today will help us get disability benefits to the most severely disabled Americans even faster,” Commissioner Astrue said.  “This year, more than 100,000 people benefited from our fast-track disability processes and received decisions in a matter of days rather than the months and years it can sometimes take.  I am pleased that our fast-track processes will now be even faster and help speed much needed benefits to our most vulnerable citizens.”
Under Social Security’s QDD process, a predictive computer model analyzes specific data within the electronic disability file to identify cases where there is a high likelihood that the claimant is disabled and we can quickly obtain medical evidence.  The CAL process currently identifies 88 specific diseases and conditions that clearly qualify for Social Security and Supplemental Security Income disability benefits and can be fast-tracked.

The final rules, 20 CFR Parts 404 and 416, can be accessed through the Federal Register on-line at www.regulations.gov.  They will be effective on November 12, 2010.

Are you 50 Years of Age Or Older? You Have Special Rights For Social Security Disability Benefits.

Attention Claimants age 50 and older you have special rights!

In my practice many of my clients applying for Social Security disability are over the age of 50 and have worked very hard their entire life. Unfortunately because of a serious medical condition or due to a combination of medical conditions they can no longer do their job. Surprisingly, when it comes time to applying for Social Security disability benefits, many of these same people are turned down.

Did you know the Social Security Administration has special rules for claimants age 50 or older?   Statistics indicate that an experienced Social Security attorney can argue these rules to help win YOUR disability case. In my experience we frequently obtain an on the record decision when a claimant is over 50, and is unable to perform the type of work he or she has done in the past.

Call for a free Social Security case evaluation TODAY!

Under Social Security rule, if you between 50 to 54 years old, and are limited to unskilled sedentary work, it is presumed you are unable to transition to other work given your age and restrictions. This is an enormous advantage when filing a claim!  The same person age 48 may lose their disability claim at age 48, but can often win it at age 50.

The rules get even better at age 55.  Any claimant limited to unskilled light exertional work is presumed to be unable to transition to other work.  Our office uses these rules to successfully obtain benefits for claimants.  Having a skilled attorney though prevents vocational experts hired by the government to improperly categorize your work history.  It is very important to have an experienced attorney to argue these rules!

If you have been turned down for benefits and are now approaching 50 years of age or older YOU CAN REAPPLY TODAY.  You are NOT precluded from reapplying for Social Security benefits after a denial.  Please contact Minnesota Disability and Thomas Atkinson for a free consultation. 1-800-933-569 or locally contact us at 651-414-0678.  Also visit our website www.mndisbility.com

Your Money in The Bank Does NOT Affect Your Entitlement To SSDI!

This is a very common mistake by the vast majority of the population. They believe that even though they are disabled, and have plenty of money in the bank, they will not qualify for Social Security Disability Benefits. THIS IS ABSOLUTELY WRONG!! Others believe they need to wait until this money is gone before I apply for Social Security disability benefits? ONCE AGAIN, THIS IS NOT TRUE!!

If you have worked in recent years and are now disabled, it does not matter how much money you have in the bank. There is no reason to wait to file the claim. Contact the attorneys at Minnesota Disability today to assist you with your application process. Attorney Tom Atkinson meets with clients thoughout Minnesota and Western Wisconsin seven days a week. Contact Minnesota Disability today, there is NEVER a fee until you are awarded benefits! Tom Atkinson 651-324-9514

Social Security Disability Benefits - Waiting: Survival Skills

Anyone who practices social security disability law understands the truth behind this articles subject.  For many, waiting for Social Security Disability (SSD) benefits, depending upon your support system, is a time that can be a horrifying and scary experience. 

You all have survival skills and many of you are not aware that you have them. Sometimes we do not become aware of them until we are faced with a very serious situation. 

Many of you believe that life will "swallow you up" if certain events happened. I think you would be surprised and many of you already realize this as you yourself have survived horrible situations. 

I want to give you an example of some survival skills I found in myself that I had no clue were there during a time in my life when I was very ill and my life was falling down all around me.

My point in sharing this is to point out that most of us would feel that we would crumble inside in certain situations but our survival skills kick in and we get through these times.

Patty Fleener shares her experiences for this article.

Let me paint the picture as quickly as I can. I was 39 years old (I'm 47 now). This happened directly before I met my husband. I had applied for SSD 3 times and two times went back to work, not finishing the application process. I had a difficult time "giving up." As a result I accrued many bills. 

The third and final time I applied, I was denied temporary funds while waiting for SSD. Strange because I was accepted the first two times but this new psychologist said I could go back to work within one year. Later I learned she said that about everyone and she even wrote in my report that because I was a social worker I would know how to fake an evaluation. She had to amend her evaluation later because the man that referred me advised her that I presented well and advised her of what she missed about me.

Anyway, I had zero money to live on while waiting to see if SSD would accept me and in most cases SSD does not accept people the first time you apply. 

I had food stamps and it took awhile to be accepted into the county housing program. I had to find a place to live where the rent was $400. or below and it could not be in the town of Salem where I lived as it was a county program. 

I gave plasma at the plasma back and received $5 or $10 up to $20. each time and I could only donate twice per week. I thought I would never do this but I turned my mind around and told myself I was helping others and I was. This was my gas money.

I searched and searched for a place to live for that amount or less. Nothing existed! I had a deadline to meet as I was of course being evicted from my apartment. 

Inside I knew there was a real reality that I could be homeless. It was hard to believe, as I was 39 years old, educated, etc., however I was disabled period.

Each morning I woke up and I realized the full extent of the trouble my life was in. I knew very well that I would be homeless if I became weak or fragile, which I truly was. I knew I had to search deep within for any ounce of strength and use it. 

When I woke up, inside my head I said to myself "Stand!" I said it to myself very sternly. I saw myself in my mind as someone who was made only of strength and I was powerful and I could get through anything. Any other feeling or thought besides this was totally dismissed because my strength that I imagined within was so strong and powerful it would simply stomp any "lesser feelings."

It is also very important to know that I am a Christian and during this whole time I prayed quite a bit. The thing that assisted me a great deal is the tremendous amount of faith I have in God to come through for me and He did. 

Months later I was accepted to SSD and a few months after that my relatives began to come to me. I had to work hard to get my father back as I had really raged at him. It wasn't until he began to hang up on me did I realize that I could not have him in my life unless I treated him with respect. (By the way, I am not recommending this to you parents out there. All of us with the BPD are different and your child may be suicidal when they call. So, it is different with each one of us).

It wasn't until I was safe that I unconsciously began to give up the "warrior" role I worked hard to develop. It took me at least a year after this experience before I really felt safe. I can't tell you how many dreams I have had about this.

The message in this story is that I believe we are designed to meet with hard challenges if we look deep within and BELIEVE that we are warriors.

Though this article may seem extreme to most, for those who have experienced the months waiting for the case to pass from the initial application, reconsideration and finally the long wait for hearing, many of Ms. Fleener's experiences may be all too real.

At MN Disability, attorney Tom Atkinson isn't focused on getting you benefits at the hearing, he does his best to prepare you case from the very beginning in the hopes of an award at the time of initial application.  Though this is an admittedly difficult task, his personal attention to your matter from the onset gives you every advantage possible by having a LOCAL Minnesota attorney represent you in your application for Social Security Disability benefits.  Contact him today for more information.  651-324-9514 or tom@mndisability.com  You can also find out more about his social security disability practice at www.mndisability.com

Medical Evidence of Disability

Medical evidence is the cornerstone for Social Security’s determination of your disability. A qualified Social Security Disability lawyer can explain how the benefits process works and save you time and effort.

Each person who files a disability claim is responsible for providing medical evidence showing that he or she has an impairment and how severe that impairment is. It is always best for your doctor to provide detailed records of your condition, along with an explanation of how it limits your ability to work or perform everyday tasks.

The medical evidence can also come from other “acceptable medical sources” depending on what condition has caused your impairment.

Acceptable Medical Sources

The Social Security Administration (SSA) defines “acceptable medical sources” as medical professionals including:

* licensed physicians (doctors)
* licensed or certified psychologists. Included are school psychologists or other licensed or certified individuals with other titles who perform the same function as a school psychologist in a school setting, for purposes of establishing mental retardation, learning disabilities and borderline intellectual functioning only.
* licensed optometrists, for purposes of establishing visual disorders only (except, in the U.S. Virgin Islands, licensed optometrists, for the measurement of visual acuity and visual fields only)
* licensed podiatrists, for purposes of establishing impairments of the foot, or foot and ankle, depending on whether the state in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and ankle
* qualified speech-language pathologists, for purposes of establishing speech or language impairments only. For this source, “qualified” means that the speech-language pathologist must be licensed by the state professional licensing agency, or be fully certified by the state education agency in the state in which he or she practices, or hold a Certificate of Clinical Competence from the American Speech-Language-Hearing Association.

Evidence from Treating Sources

SSA regulations place special emphasis on evidence from treating sources because they are likely to be the medical professionals most able to provide a detailed assessment of the claimant’s impairment and may bring a unique perspective to the medical evidence. Timely and accurate reports from treating sources are essential for accelerating the claims process.

Medical Evidence From Health Facilities

Social Security will also request copies of medical evidence from hospitals, clinics or other health facilities where you have been treated. All medical reports received are considered during the disability determination process.

Other Evidence

Information from other sources may also help show the extent to which a person’s impairment affects his or her ability to function in a work setting; or in the case of a child, the ability to function compared to that of children the same age who do not have impairments. Other sources can include: public and private agencies; non‑medical sources such as schools, parents and caregivers, social workers and employers; and other practitioners such as naturopaths, chiropractors and audiologists.

Choosing a Social Security Disability Attorney

Did you know that many firms and national companies don't even have an attorney representing you in your application for social security disability benefits? Often a long term disability (LTD) carrier will hire a large national chain with a representative you will NEVER meet and isn't an attorney.

Most Social Security applicants (and some of these large national companies) don't understand what is required in successfully presenting their case in front of an administrative law judge. First, it is important to understand that it is normally not enough to prove that you can't work at your last job. Instead you must prove that you have a "medically determinable disability" which prevents you from engaging in any "substantial gainful employment". The word "substantial" is important because you can earn a small amount of wages and still be eligible for disability benefits. The amount is set by the Social Security Administration and can change from time to time. If you are already engaging in substantial employment, then you are not eligible to obtain disability benefits.

Secondly, there are regulations that Social Security attorneys refer to as "the Grid". The Social Security Administration recognizes different standards for claimants of different ages, levels of education and work backgrounds. Once the appropriate standards are determined, an attorney can determine whether the medical records are adequate to support the claim for disability. If not, an attorney may pose specific questions to a claimant's treating doctor(s).

Thirdly, it is important for an attorney to help his client quantify his complaints in a specific manner. A claimant may be asked, "How much can you lift". A bad answer would be "not very much". An answer like this doesn't help to describe the claimant's limitations. It should be noted that Social Security judges refer to something called "The Dictionary of Occupational Titles" for job information. This source describes the exertional requirements of all classified jobs that exist in the national economy. It is up to the claimant's attorney to prove that his client can't perform any substantial work for which he is qualified. In addition, "Social Security Judges" will often bring "vocational rehabilitation counselors" into a hearing in order to get clarifications as to the claimant's "work background", "work restrictions" and the requirements of various jobs. An attorney must be prepared to effectively challenge the vocational counselor's testimony through effective cross-examination.

Finally, Social Security Hearings are informal and usually take about an hour, although they can vary in length, depending on the judge's format and the complexity of the case. Be sure to dress appropriately, as it is important to create a favorable impression. In short, preparation is the key to winning your case, so talk to your attorney ask him what you can do to help your cause. The lawyers at MN Disability & Atkinson Law Office are ready to assist you in ALL aspects of your application from the “Initial Application” up to an including any necessary appeals. Feel free to contact attorney Tom Atkinson directly at 651-324-9514 or tom@mndisability with any questions. Also visit our web site at www.mndisability.com

Welcome to Minnesota Social Security Disability Secrets

Social security disability can be an imposing hurdle to the average person. FACT - A large percentage for individuals who initially file for social security disability are DENIED the first time. FACT - Many of these people give up and never try again. Fortunately MN Disability and Atkinson Law Offices can show you that the initial application is often only the first step to obtain social security disability benefits. At MN Disability we will have LOCAL MINNESOTA attorneys assist you from the the initial application through the appeal process. You won't be working with a telephone representative from across the country who likely isn't even an attorney. Your first meeting and every other meeting after that will be with a Minnesota attorney with nearly two decades of experience as an attorney working with injured and disable Minnesotans! Contact Attorney Tom Atkinson today to have him review and assist with your application OR appeal for social security disability benefits. 651-324-9514