"Ask a Lawyer" - How long will I have to wait for a Social Security hearing?

I am 56 years old and I worked in the mines for over 30 years. After three back surgeries in the past 10 years, I am unable to work. I applied for Social Security Disability and was denied. A hearing has been requested before an Administrative Law Judge. How long will I have to wait for a hearing? Glenn, Jasper

Many Social Security disability applicants get discouraged because of the lengthy process. On average, it takes 12 - 14 months after requesting a hearing for the hearing to be scheduled. With bills piling up, this time frame can be daunting. Unfortunately, nothing can be done to speed up this process.

During this wait, the most important aspect of your disability claim is medical treatment. It is crucial for you to see a doctor for every one of your problems in order for us to prove you are unable to work. Often, it is difficult to get proper treatment when you have no income and/or health insurance. Luckily, there are a facilities that provide low-cost or no-cost treatment for those in that situation. If you are not getting adequate treatment at the beginning of the disability process, it is important to contact these facilities and begin treatment as soon as possible.

We often see clients who have not been receiving proper treatment when they apply for Social Security Disability. In that case, it is critical they use the long wait for a hearing to engage in proper medical treatment. If they do get ample treatment before the hearing, the judge may have enough evidence to determine the severity of the impairments and make a fair decision.

On the reverse side, we also have had clients who see the waiting period for a hearing as something to discard until the hearing date is scheduled.  We usually have notice of the hearing date about one to three months before the hearing. Often, those clients scramble to obtain treatment in those last few months and end up being able to see a doctor only one or two times (if at all) before the hearing. That game plan will hurt your credibility and it does not give the judge a big picture of the effect of your impairments on your ability to work and the seriousness of your condition. A judge may even wonder if your impairments are really that severe if you have not had regular medical treatment. Lastly, if you have not been seeing a doctor regularly, the doctor likely may not complete a medical source statement, which is crucial to your claim.

Therefore, it is necessary to use the time wisely as you wait for your hearing. Try to do everything possible to help the judge fully understand your impairments. Give yourself a fair chance by seeing doctors regularly. The wait can be frustrating, but the wait can also help you create a winning Social Security disability case.

Nelson, Bryan and Jones represents clients in the following areas: Social Security Disability, Motor Vehicle Accidents, Wrongful Death Cases, Personal Injury Actions, Defective Products, Insurance Disputes and Bad Faith, Fire Loss cases, Trucking Accidents, Worker’s Compensation, Drug Recalls, Employment Law and Property Damage Claims.