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Frequently Asked Questions about Workers' Compensation and Social Security Disability

 


Q: DOES THE SOCIAL SECURITY DISABILITY APPLICATION PROCESS REALLY TAKE THAT LONG?

A: YES. Every aspect of applying for Social Security Disability takes time! In fact, it's one way that can reduce the chance of someone applying since it seems so onerous and tedious!

First, there is the inital application process. Whether you do this in person, on the phone or online you can expect to spend at least a few hours preparing and filling out forms.

Second, the initial review. In NY, the Office of Disability Determinations makes the first assessment of your case (it is a State agency hired by the SSA!) and this generally takes from three to six months for an answer and they deny close to 90% of initial applications!

Third, the Social Security Administration Office of Disability Adjudication and Review (ODAR) is the hearing process that will provide  you, the disabled individual with a hearing before a Federal Administrative Law Judge to determine if you are eligible. This is where the REAL backlog occurs. It can take anywhere from 12 to 24 months to get a hearing before an ALJ! Why, statistics show a backlog of over 700,000 disability cases nationwide, severely reduced appropriations (funds!) to the SSA by Congress and millions of claims being made.

Not suprisingly, these factors lead to delays. While an attorney cannot get a case "on quicker" (and don't believe an attorney who tells you that!), an attorney CAN help guide you through the process and during the "wait" help develop your case and determine if it can be resolved without a hearing (using an "On the Record" determination) or at least not wasting your long awaited for hearing by having a well prepared case to present to the ALJ.



Contact Us: Markhoff & Mittman PC 866.205.2415 or info@markhofflaw.com

Serving disabled individuals and their families since 1933. We handle cases througout New York City, Bronx, Brookyln, Queens, Long Island, Westchester and Rockland. We have offices in White Plains, Monsey, Bronx, East Meadow and NYC! Call us or email us today.

The Markhoff & Mittman Team!
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